Podcast: President Biden's Use of the Defense Production Act - Diagnosing Health Care
Nota Bene Episode 84: Organizational Integrity in the Post-Pandemic Enforcement Environment
The Biden administration has invoked the Defense Production Act ("DPA") to speed up the production of vaccines and increase the domestic production of COVID-19 tests, personal protective equipment (or “PPE”), and other...more
During his first few days in office, President Biden signed numerous executive orders kick-starting the implementation of key features of his campaign platform. Federal contractors may feel overwhelmed by this flurry of...more
The gravity of the pandemic is palpable, and seemingly constant news about it is hard to escape, with recent reports including updates on the availability of vaccines, the changing scope of various stay-at-home orders, and...more
Welcome to the second issue of the 2021 edition of Unprecedented. The first week of the Biden administration already has represented a shift to the federal government's approach to the COVID-19 pandemic. In addition to...more
At the outset of the Covid-19 outbreak in this country, President Trump invoked the Defense Production Act of 1950, as amended, to help combat the virus. In March and April, he issued executive orders under the powers...more
The Korean-War era Defense Production Act ("DPA")1 has already loomed large in the federal response to the COVID-19 pandemic. Recent press reports suggest that it may be invoked even more broadly in the coming weeks and...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more
With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more
In Washington - After receiving backlash for quietly removing public data on COVID-19 hospitalizations from the US Centers for Disease Control and Prevention (CDC) website last night, the Department of Health and Human...more
The Defense Production Act (the “DPA” or “the Act”) and its implementing regulations are among the tools available to the federal government as it responds to the COVID-19 pandemic. The DPA provides the federal government...more
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more
There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to...more
Stakeholders in intellectual property rights face enforcement and reputation challenges arising from the coronavirus emergency. Patents, trademarks and copyrights associated with pandemic countermeasures may be subject to...more
On Friday, April 24, 2020, the Justice Department announced the filing of a criminal complaint against a New York man, Amardeep “Bobby” Singh, for the hoarding and subsequent price gouging of personal protective equipment...more
As part of its response to the COVID-19 pandemic, the U.S. government has taken measures to ensure domestic supply of personal protective equipment (PPE) by both facilitating imports and restricting exports....more
On April 10, personal protective equipment (“PPE”) manufacturer 3M filed suit against Performance Supply LLC for trademark infringement, deceptive practices, and false advertising. In its complaint, 3M alleges that...more
On 17 April the Federal Emergency Management Agency (FEMA) released significant exceptions (effective Friday 17 April, but to be published on 21 April) to FEMA's temporary final rule prohibiting exports of certain personal...more
Component part manufacturers of important lifesaving and life-protecting equipment have been essential players in the first line of defense against the COVID-19 pandemic. In the previously normal legal context, these...more
On April 10, 2020, the Federal Emergency Management Agency (FEMA) issued a temporary final rule (TFR), pursuant to the Defense Protection Act (DPA) and related authorities, to require explicit approval for exports of certain...more
In response to the spread of COVID-19, on March 23, 2020, President Trump signed Executive Order 13910 (Order) to prevent the hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the...more
COVID-19 has presented countless challenges, among them, the extraordinary need—and conversely, extreme shortages—of basic protective gear, ventilators, and personal protective equipment (“PPEs”) for healthcare professionals...more
FEMA exercised the authority recently granted to it by Executive Orders and pursuant to the Defense Production Act to regulate and redirect respirators, surgical masks, gloves, and other personal protective equipment (PPE) ...more
The Federal Emergency Management Agency (FEMA) issued temporary final regulations (FEMA Regulations or Regulations), effective from April 7, 2020 until August 10, 2020, to prohibit exports without FEMA’s explicit approval of...more
On April 7, 2020, the Federal Emergency Management Agency (FEMA) released for public inspection a temporary rule that prohibits the export of five types of personal protective equipment (PPE) without explicit approval by...more