News & Analysis as of

Disclosure Requirements National Security

Ropes & Gray LLP

Is U.S. Conflict Minerals Disclosure Nearing an End?

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SEC Commissioner Mark Uyeda took a pretty big swing at the U.S. Conflict Minerals Rule in his prepared remarks yesterday at Practical Law Institute’s annual “SEC Speaks” conference. Here’s what the Commissioner had to say: If...more

Skadden, Arps, Slate, Meagher & Flom LLP

OFSI Issues First-Ever Monetary Penalty for a Failure To Provide Information: Key Considerations for Companies

The Offence and Penalty - On 8 May 2025, the UK’s Office of Financial Sanctions Implementation (OFSI) published its 11 April 2025 notice of its first-ever monetary penalty for an information offence relating to financial...more

Pillsbury Winthrop Shaw Pittman LLP

847 Awaiting Takeoff: DCSA Issues Guidance on Expanded Scope of FOCI Assessments

Section 847, which will expand foreign ownership, control or influence requirements to non-classified contracts, is on track for implementation in 2026. Section 847 of the National Defense Authorization Act for FY 2020...more

DLA Piper

DCSA Updates SF-328 for Cleared US Government Contractors and Academic Institutions

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The Defense Counterintelligence and Security Agency (DCSA) announced the approval of updates made to the Certificate Pertaining to Foreign Interests, or Standard Form (SF) 328, on May 7, 2025. This revised form requires more...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Issues Executive Order Increasing Oversight of Foreign Funding at Universities

On April 23, 2025, President Donald Trump signed an Executive Order (EO) entitled “Transparency Regarding Foreign Influence at American Universities” and issued an accompanying Fact Sheet. The EO rekindles initiatives from...more

Paul Hastings LLP

The UK Launches Its Own ‘FARA’: What Companies Need to Know About the New Foreign Influence Registration Scheme

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On July 1, 2025, the United Kingdom’s new Foreign Influence Registration Scheme (FIRS) will formally take effect, creating sweeping registration obligations under U.K. law for persons engaging in certain activities on behalf...more

Wiley Rein LLP

Trump Issues Executive Order Aimed at Foreign Influence on American Campuses

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On April 23, 2025, President Trump signed an Executive Order aimed at increasing transparency with respect to foreign funding at U.S. colleges and universities. This move comes in response to what the Administration has...more

Akin Gump Strauss Hauer & Feld LLP

Addressing Risks from Susman Godfrey (Trump EO Tracker)

Employees of the law firm Susman Godfrey LLP (Susman) will have any active security clearances suspended. Also, all government contractors are required, to the extent permitted by law, to disclose any business they do with...more

Womble Bond Dickinson

Litigation Funding: The Good, The Bad, The Future

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Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement....more

Wiley Rein LLP

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

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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

Verrill

NEED MORE COWBELL: FinCEN Not Satisfied with Current Deadlines and Requirements under the Corporate Transparency Act

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On February 27, 2025, FinCEN issued a press release announcing future changes but giving no guidance about the scope of those changes: “No later than March 21, 2025, FinCEN intends to issue an interim final rule that...more

Nelson Mullins Riley & Scarborough LLP

Corporate Transparency Act Reporting Obligations Reinstated; Deadline Extended 30 Days

On February 19, 2025, FinCEN released a statement that BOI reporting obligations under the CTA are back in effect, after a recent U.S. District Court decision in the ongoing case of Smith et al. v. U.S. Department of the...more

McGlinchey Stafford

CTA’s Beneficial Ownership Reporting Requirement Resumes – At Least for Now

McGlinchey Stafford on

As the saga of on-again-off-again requirements continues to unfold, FinCEN’s Beneficial Ownership Information (BOI) reporting requirements under the Corporate Transparency Act (CTA) have undergone significant changes due to...more

Snell & Wilmer

FARA's Pendulum: Shifts in Foreign Agent Regulation

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On her first day in office, Attorney General Pamela Bondi issued a memorandum signaling a significant shift in the Department of Justice’s (DOJ) approach to Foreign Agents Registration Act (FARA) enforcement. The memorandum...more

Akin Gump Strauss Hauer & Feld LLP

Holding Former Government Officials Accountable for Election Interference and Improper Disclosure of Sensitive Government...

The Order directs the revocation of any active or current security clearances held by former intelligence officials who worked with former President Biden on his 2020 presidential campaign and several specific individuals....more

Ballard Spahr LLP

DOJ Upends FARA Regulations With New Notice of Proposed Rulemaking

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The U.S. Department of Justice (DOJ) published its long-awaited Notice of Proposed Rulemaking (NPRM) on January 2, 2025, amending decades-old regulations issued under the Foreign Agents Registration Act of 1938 (FARA) and...more

Morgan Lewis

DOJ’s Latest Attempt at Modernizing FARA Signals Greater Focus on Compliance and Enforcement

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Following a decade of increased enforcement of what has been considered an oft-confusing law, the Department of Justice recently published a Notice of Proposed Rulemaking proposing several changes to regulations implemented...more

Morrison & Foerster LLP

DOJ Proposes Significant Changes to FARA’s Regulations

For the first time in nearly 30 years, the U.S. Department of Justice (DOJ) proposes to materially revise the Foreign Agents Registration Act (FARA). On December 19, 2024, DOJ issued a Notice of Proposed Rulemaking (NPRM)...more

Davis Wright Tremaine LLP

FCC Proposes New Regulations To Assess and Protect Against National Security Risks in Submarine Cable Networks

On November 21, 2024, the Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") focused on enhancing FCC review and oversight of the global subsea communications cable network through...more

Latham & Watkins LLP

FCC Reviews Submarine Cable Rules to Address National Security and Law Enforcement Risks

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Potential rule changes could expand the scope of the disclosure and reporting obligations for applicants and licensees of submarine cables....more

McDermott Will & Emery

SEC Settlements Signal Increased Scrutiny of Cybersecurity Disclosures

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On October 22, 2024, the US Securities and Exchange Commission (SEC, or Commission) brought settled actions against four publicly traded companies that were downstream victims of the Russia-linked cyberattack on SolarWinds...more

Baker Botts L.L.P.

California's AB 2013: Challenges and Opportunities in Generative AI Compliance

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California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets...more

Wiley Rein LLP

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

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WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...more

Foley Hoag LLP - White Collar Law &...

A Preview of SEC, CFTC, AML, Sanctions and CFIUS Enforcement Priorities Under the Second Trump Administration

As the incoming Trump administration prepares to take office, businesses and investors can expect significant shifts in the enforcement priorities of the Securities and Exchange Commission (SEC) and the Commodity Futures...more

Mayer Brown

Trends in US Cybersecurity Regulation

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As cybersecurity rules proliferate, companies must navigate a maze of new, and often overlapping, proactive and reactive cybersecurity requirements and guidance. This Legal Update surveys new cybersecurity rules and...more

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