On May 29, 2024, the Internal Revenue Service (IRS) and the Department of Treasury issued proposed regulations (REG-119283-23) addressing the new technology neutral clean electricity production tax credit (PTC) in section 45Y...more
On May 16, 2024, the Internal Revenue Service (IRS) issued further guidance (Notice 2024-41, the Additional Notice) intended to provide clarity and certainty surrounding the domestic content1 bonus credit by (among other...more
On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).The guidance adds a new Part 184 in 2 C.F.R. and...more
Key Points -
On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more
8/18/2023
/ Bayh-Dole Act ,
Executive Orders ,
Federal Funding ,
Intellectual Property Protection ,
Inventions ,
Manufacturers ,
Ownership of Works ,
Patents ,
R&D ,
Research and Development ,
Waivers
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement the No TikTok on Government...more
A reasonable analysis of the Buy America standards for manufactured products would have resulted in the qualified facility or energy project being treated as the end product. One would then check to see if the components of...more
On March 2, 2023, the Biden administration released the 2023 National Cybersecurity Strategy (the “Strategy”). The Strategy acknowledges that the United States “must [effect] fundamental shifts in how . . . [it] allocates...more
Following President Biden’s State of the Union address highlighting increased enforcement of Buy America requirements for federally funded infrastructure projects and new standards for construction materials, the White House...more
On December 27, 2022, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324 or the “Act”). The law aims to tighten regulations on potential organization conflicts...more
On December 23, 2022, President Biden signed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA) into law. The statute prohibits federal agencies from purchasing covered semiconductor products...more
The Internal Revenue Service (IRS) released its eagerly-anticipated guidance (the PWA Notice) regarding the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA). The publication of the PWA...more
The U.S. Department of Energy (DOE or the “Department”) recently opened the submission of Concept Papers for its $7 billion H2Hubs program, marking one of the largest investments in DOE history, with the goal of creating up...more
On October 5, 2022, the Department of Treasury and Internal Revenue Service (IRS) released six Notices requesting comments on anticipated regulations and other guidance under various climate and clean energy incentives...more
If your business is considering making a contribution to an independent expenditure-only political action committee (“super PAC”) this election cycle, be sure to verify whether it is currently negotiating or performing a...more
On November 17, 2021, the U.S. Department of Defense (DOD) published an Advanced Notice of Proposed Rulemaking (ANPRM) previewing significant changes to its Cybersecurity Maturity Model Certification (CMMC) program.1 The...more
[co-author: Christina Barone]
The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more
Key Points -
The recent announcements around federal contractor requirements for mandatory vaccination and the upcoming OSHA Emergent Temporary Standard have created significant confusion for employers.
It’s important...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
Key Points -
On Wednesday, May 12, 2021, President Biden issued EO 14,028, “Improving the Nation’s Cybersecurity.” The EO sets out an ambitious schedule of reviews and rulemakings that portend significant changes in the...more
Key Points
- Enacted as part of the 2021 NDAA, the Act will require companies with no prior anti-money laundering reporting requirements to submit beneficial ownership information to FinCEN.
- FinCEN must issue...more
Key Points
- On December 27, 2020, the new stimulus package appropriating an additional $284.45 billion for the PPP was signed into law.
- The categories of eligible uses for loan proceeds and forgiveness are...more
Key Points
- On October 26, 2020, the SBA announced its intent to require a Necessity Questionnaire for borrowers that received PPP loans of $2 million or greater.
- The SBA intends to use the Necessity Questionnaire...more
On August 6, President Trump issued an Executive Order (EO) titled “Ensuring Essential Medicines, Medical Countermeasures and Critical Inputs Are Made in the United States.” The far-reaching EO seeks to ensure the domestic...more
8/13/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Counterfeiting ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
E-Commerce ,
Executive Orders ,
Exemptions ,
Food and Drug Administration (FDA) ,
Free Trade Agreements ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Manufacturers ,
Medical Supplies ,
OMB ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Prescription Drugs ,
Procurement Guidelines ,
Public Health ,
Reporting Requirements ,
Section 301 ,
Supply Chain ,
Trump Administration ,
Waivers ,
WTO
- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020.
- On July 14, 2020,...more
8/5/2020
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Interim Final Rules (IFR) ,
NASA ,
NDAA ,
Prime Contractor ,
Public Comment ,
Reporting Requirements ,
Subcontractors ,
Supply Chain ,
Surveillance ,
Telecommunications
- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more
7/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Private Equity Firms ,
Qui Tam
A. Introduction and Key Take-Aways -
The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more
6/4/2020
/ Competition ,
Confidential Information ,
Conflicts of Interest ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Costs ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Subcontractors ,
Supply Chain