On April 24, 2024, President Biden signed into law H.R. 815, an emergency appropriations package billed as authorizing $95 billion in foreign aid to Ukraine and Israel (the Act). While the Ukraine and Israel aid provisions...more
4/30/2024
/ Appropriations Bill ,
Biden Administration ,
China ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
Federal Budget ,
FinCEN ,
Foreign Financial Institutions (FFI) ,
Israel ,
Russia ,
TikTok ,
UK ,
Ukraine
Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more
2/8/2024
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
GAO ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
NDAA
The Biden Administration has issued its long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO”), which will create a new...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
NAICS ,
National Security ,
Outbound Transactions ,
Popular ,
Proposed Regulation ,
Supply Chain ,
Technology Sector ,
U.S. Treasury
Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more
2/22/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Covered Transactions ,
Cross-Border Transactions ,
Foreign Investment ,
Mergers ,
NAICS ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements
Fast-spreading disinformation and the growing ease with which believable deepfake media can be created are threats that are poised to accelerate a range of business dangers, particularly those related to reputational risk,...more
On June 8, the Biden Administration released reports on the supply chain reviews directed under Executive Order (E.O.) 14017, “America’s Supply Chains,” detailing key findings and next steps to strengthen the resilience of...more
On Wednesday, February 24, 2021, President Biden signed an Executive Order (Order) directing a series of reviews of global supply chains - the latest government effort to create more resilient and secure supply chains for...more
2/26/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Legislative Agendas ,
National Security ,
Public Procurement Policies ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department ,
US Trade Policies
The administration of President-elect Joe Biden and Vice President-elect Kamala Harris will break sharply from the policies of the Trump Administration in many ways. But one area where we expect more continuity than change is...more
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/5/2020
/ CARES Act ,
China ,
Coronavirus/COVID-19 ,
Enforcement ,
Exports ,
False Claims Act (FCA) ,
Federal Contractors ,
Foreign Agents Registration Act (FARA) ,
Huawei ,
National Security ,
Pharmaceutical Industry ,
Presidential Elections ,
Supply Chain ,
Trump Administration ,
US Trade Policies
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/4/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Protection ,
Department of Defense (DOD) ,
Entity List ,
Export Controls ,
Federal Contractors ,
Hong Kong ,
Huawei ,
Human Rights ,
Imports ,
Security ,
Supply Chain ,
Telecommunications ,
Trade Relations ,
US Trade Policies ,
ZTE
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
11/3/2020
/ CARES Act ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Defense Sector ,
Federal Funding ,
Foreign Direct Investment ,
Imports ,
Onshoring ,
Pending Legislation ,
Proposed Legislation ,
Regulatory Standards ,
Supply Chain ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
With the onset of the COVID-19 pandemic and the serious supply chain vulnerabilities it has exposed, we are seeing a seismic shift in US policy and regulation, from stepped-up measures to protect US technology, intellectual...more
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, signed into law on March 28, contains important relief authority for federal contractors affected by the COVID-19 pandemic. Specifically, Section 3610 of the...more
On March 18, 2020, President Trump issued an executive order paving the way for the government to use the Defense Production Act (DPA) to prioritize and compel production of materials required to respond to the COVID-19...more
Disinformation and “deepfakes” pose growing threats to the private sector. Already, disinformation has been weaponized to harm brands, move markets, and undermine trust in companies and industries. One recent study estimated...more
3/13/2020
/ Artificial Intelligence ,
Audio Recording ,
Cyber Threats ,
Deep Fake ,
Employer Liability Issues ,
Extortion ,
False Evidence ,
Government Investigations ,
Harassment ,
Insurance Fraud ,
Market Manipulation ,
Photographs ,
Reputational Injury ,
Risk Mitigation ,
Video Recordings
On December 20, 2019, President Trump signed the nation’s first federal law related to “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence-created media, such as a video showing people saying things...more
12/24/2019
/ Artificial Intelligence ,
China ,
Deep Fake ,
National Science Foundation ,
National Security ,
NDAA ,
New Legislation ,
NIST ,
Reporting Requirements ,
Russia ,
Technology
The US Department of the Treasury recently published for public comment two proposed regulations that will expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) and make substantive...more
9/27/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
On October 10, 2018, the US Department of the Treasury launched a significant pilot program to implement part of the Foreign Investment Risk Review Modernization Act (FIRRMA) while final rules are being crafted. The pilot...more
10/17/2018
/ CFIUS ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
ITAR ,
National Security ,
NDAA ,
New Regulations ,
Trump Administration ,
U.S. Treasury
On August 1, 2018, the Senate passed the National Defense Authorization Act for Fiscal Year 2019 (NDAA). The House of Representatives passed the same bill last week, and it will now go to the President for his signature....more
Under the Department of Defense (DoD) final Defense Federal Acquisition Regulation Supplement (DFARS) rule on Network Penetration Reporting and Contracting for Cloud Services, DoD contractors maintaining, processing, or...more
On October 21, 2016, the Department of Defense (DoD) issued its final rule on Network Penetration Reporting and Contracting for Cloud Services, amending an interim version issued on August 26, 2015, and revised on December...more
In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more
6/6/2016
/ Acquisitions ,
Annual Reports ,
Canada ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Defense Sector ,
Divestment ,
Due Diligence ,
Foreign Investment ,
Japan ,
National Security ,
Supply Chain ,
UK
On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more