News & Analysis as of

Critical Infrastructure Sectors

National security reviews 2017: A global perspective — Australia (Updated)

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

National security reviews 2017: A global perspective — Canada

by White & Case LLP on

While few deals are challenged in Canada, national security reviews are becoming more common and complex - The Investment Review Division (IRD), which is part of the Ministry of Innovation, Science and Economic...more

National security reviews 2017: A global perspective — United Kingdom

by White & Case LLP on

National security interventions have, with one exception, involved defense considerations - Unlike many other jurisdictions, acquisitions in potentially sensitive industries do not, as a matter of course, require parties...more

Department Of Homeland Security Often Slow To Disseminate Cyber Threat Warnings, According To Government Accountability Office...

by King & Spalding on

On October 30, 2017, the United States Government Accountability Office (“GAO”) issued a report on the Department of Homeland Security’s (“DHS”) risk assessment practices for critical infrastructure. GAO reviewed DHS’s...more

National security reviews 2017: A global perspective — European Union

by White & Case LLP on

European investment screening "light" — first steps towards European investment controls - Due to the significant increase of foreign direct investment into European technology assets over the past 18 months, particularly...more

FIRRMA: Proposed CFIUS Legislation Would Bring Significant Changes

by White & Case LLP on

Senator John Cornyn (R-TX) and Representative Robert Pittenger (R-NC) have introduced parallel legislation that, if passed, would implement significant changes to the Committee on Foreign Investment in the United States...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

The Foreign Investment Regulation Review Edition 5 – EU Overview

by Hogan Lovells on

THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more

Legislation Proposes Sweeping New Foreign Investment Review Authorities

On November 8, 2017, a bipartisan group of legislators led by U.S. Sen. John Cornyn, R-Texas, and U.S. Rep. Robert Pittenger, R-N.C., alongside co-sponsors including U.S. Sen. Dianne Feinstein, D-Calif., introduced parallel...more

Michigan Governor Establishes Cyber Civilian Corp.

Michigan Governor Rick Snyder has signed into law the Cyber Civilian Corps Act, which established the Michigan Cyber Civilian Corps, dubbed MiC3, which has been in existence for three years, but not statutorily deployed....more

Cities Need Autonomous Vehicles Just as Much as Autonomous Vehicles Need Roads to Drive Down

by Foley & Lardner LLP on

Slowly, in the background of our day-to-day lives, cities and their suburban counterparts have been gaining intelligence. Stoplights are timed and monitored by a suite of cameras and sensors; traffic patterns are tracked and...more

FERC report on energy independence executive order

by PretiFlaherty on

U.S. energy regulators have issued a final report describing actions taken by the Federal Energy Regulatory Commission pursuant to an executive order promoting energy independence and economic growth. On March 28, 2017,...more

Senate Confirms FERC Nominees Mcintyre And Glick

by Pierce Atwood LLP on

The U.S. Senate has confirmed the nominations of Kevin McIntyre as FERC Chairman and Richard Glick...more

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System...

by WilmerHale on

The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More

by Moore & Van Allen PLLC on

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a...more

FERC Proposes New Cybersecurity Rules for Electric Grid

The Federal Energy Regulatory Commission (FERC) has proposed new rules to enhance cybersecurity for the electric grid in the U.S., which includes security management controls to specifically respond to risks associated with...more

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS

The FBI and Department of Homeland Security issued a joint statement on October 20 warning of an increased danger of a malicious “multi-stage intrusion campaign” to critical infrastructure industries, including the energy...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Government Warns of Threat Activity Targeting Critical Infrastructure through Third-Party Access

A cloak of secrecy usually covers covert government activities when it comes to the latest cyber threats and intelligence. But in a rare public statement, the U.S. government has warned that hackers are targeting government...more

Italy improves transparency and extends its "golden powers" to protect new (corporate) treasures

by Hogan Lovells on

On October 16, 2017 the Italian government adopted Law Decree no. 148/2017 (the "Decree") containing, inter alia, new measures aimed at improving the transparency of Italy's regulated markets and extending the Italian...more

Feds Warn of Critical Infrastructure Attacks as CT Releases Report on Utility Company Cyber-Readiness

by Murtha Cullina on

According to Reuters, late on Friday, the Department of Homeland Security ("DHS") and the FBI issued a warning in a report, sent to firms at risk of an attack, that critical infrastructure industries may have been targeted in...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

by Morrison & Foerster LLP on

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

Wildfires Rage: Insurance Advice for Recovery After the Smoke Clears

Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance...more

UK national security and infrastructure – tougher merger control ahead?

by Dentons on

On 17 October, the UK Government published a Green Paper reviewing national security implications of foreign ownership or control, as indicated in this year's Queen's Speech....more

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Cybersecurity

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