News & Analysis as of May 12, 2025

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

Wiley Rein LLP on 4/4/2025

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing...more

Chinese AI Firm DeepSeek Triggers a Wide U.S. Policy Response

Wiley Rein LLP on 3/18/2025

Policymakers and technologists have expressed concern that DeepSeek, a Chinese AI company with connections to the Chinese Communist Party (CCP) and the potential to share user data with China Mobile, could be putting U.S....more

Three States Ban DeepSeek Use on State Devices and Networks

Robinson+Cole Data Privacy + Security Insider on 2/14/2025

New York, Texas, and Virginia are the first states to ban DeepSeek, the Chinese-owned generative artificial intelligence (AI) application, on state-owned devices and networks....more

New DHS Security Requirements Impact Compliance for Employers with Workers in Six “Countries of Concern”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/4/2025

The U.S. Department of Homeland Security (DHS) recently published new security requirements for certain restricted transactions covered by the U.S. Department of Justice’s (DOJ) sensitive data export rules. ...more

BIS seeks public comment on potential rule restricting the import and use of unmanned aircraft systems involving China, Russia and...

Hogan Lovells on 1/23/2025

On January 3, 2025 the U.S. Department of Commerce’s Bureau of Industry and Security released an advanced notice of proposed rule-making seeking public input on the definition of “unmanned aircraft systems” and their...more

Former President Biden's Executive Order to Strengthen U.S. Cybersecurity and Consumer Trust

Akin Gump Strauss Hauer & Feld LLP on 1/22/2025

On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts,...more

Down to Business: Relevance of Upcoming Regulations on Cross-Border Data Transactions to the Business Community

Vinson & Elkins LLP on 3/14/2024

On February 28, 2024, President Joe Biden issued a landmark Executive Order titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the...more

The Informed Board - Winter 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 2/19/2024

The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more

AI Conversation and Activity Hit a Feverish Pitch – A November Recap

Balch & Bingham LLP on 11/22/2023

November has been a busy month in artificial intelligence on the international, federal, and state levels. The last several weeks have seen what is probably an unprecedented amount of activity regarding artificial...more

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Akin Intelligence - September 2023

Akin Gump Strauss Hauer & Feld LLP on 9/18/2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

Long-Awaited Outbound Investment Program Finally Addressed

Seyfarth Shaw LLP on 9/5/2023

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national...more

Executive Order Curbs China-Bound Tech Investment as Treasury Unveils New Rules

Proskauer Rose LLP on 8/24/2023

On August 9, 2023, President Biden signed Executive Order 14105 addressing investments by U.S. persons in certain identified national security technologies in “Countries of Concern,” initially naming The People’s Republic of...more

White House Orders New Rules on U.S. Outbound Investment

WilmerHale on 8/11/2023

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

Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing

Sheppard Mullin Richter & Hampton LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

Fenwick & West LLP on 8/11/2023

On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

Foley Hoag LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

US Moves To Narrowly Limit Investment in China

Skadden, Arps, Slate, Meagher & Flom LLP on 8/11/2023

On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more

Biden Administration Moves to Restrict Outbound Investment to China

A&O Shearman on 8/11/2023

On August 9, 2023, the Biden Administration issued a long-awaited Executive Order (the EO) that is intended to address the potential national security threats posed by outbound investment from the United States to certain...more

CFIUS Year in Review

Foley Hoag LLP on 2/9/2023

CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

Foreign Investment in the Critical Minerals Sector to Face Enhanced Scrutiny

Holland & Knight LLP on 1/6/2023

In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on 10/13/2022

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 5, 2022

Lowenstein Sandler LLP on 10/6/2022

On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

Fenwick & West LLP on 9/22/2022

CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

Recent CFIUS developments: Annual Report for 2021 & new executive order

Hogan Lovells on 9/21/2022

This alert discusses two major updates related to the Committee on Foreign Investment in the United States (“CFIUS,” or the “Committee”) in the past several weeks. First, on 2 August 2022, the Committee released the CFIUS...more

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