Are You a Foreign Agent? [More with McGlinchey, Ep. 21
On Tuesday, September 3, 2024, Linda Sun, a former high-ranking official in New York State’s government, was arrested in Brooklyn and charged with violating the Foreign Agents Registration Act (FARA) for allegedly acting as...more
On July 10, U.S. Senators Marco Rubio (R-FL) and Lindsey Graham (R-SC) sent a letter to Attorney General Merrick Garland asking the U.S. Department of Justice (DOJ) to present a briefing on DOJ’s strategy to combat Beijing’s...more
Aggressive enforcement of the Foreign Agents Registration Act (FARA) continued last year, and that trend shows no signs of receding in 2024. The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil...more
The Canadian government announced a new policy on October 28, 2022 (the Policy) under the Investment Canada Act (ICA) governing investments by state-owned enterprises (SOEs) in Canada’s critical minerals sector....more
On October 12, 2022, the U.S. District Court for the District of Columbia dismissed the civil Foreign Agents Registration Act (“FARA”) enforcement action against casino developer and former Republican National Committee...more
The U.S. Court of Appeals for the D.C. Circuit, in a unanimous decision, ruled that the Federal Communications Commission (FCC) exceeded its statutory authority in requiring, as part of a new foreign sponsorship...more
Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more
Issue: The U.S. Government is warning American health care entities that personal health data, including genetic information, from diagnostic tests and services could end up in the hands of foreign governments for unintended...more
On February 7, 2020, officials confirmed the death of Dr. Li Wenliang, the first COVID-19 whistleblower in China who warned people worldwide about early infections in Wuhan. The Chinese internet saw an outpouring of grief and...more
In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more
The Ministry of Commerce (MOFCOM) released Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Rules) effective on January 9, 2021. The Rules,...more
India’s Reliance Industries is considering acquiring TikTok’s business in India from ByteDance. We recently discussed the growing distrust by companies and countries of TikTok because of the perceived vulnerability of user...more
Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more
Recent measures from U.S. lawmakers and Nasdaq to impose additional requirements on U.S.-listed China-based companies could have wider implications. On May 20, 2020, the U.S. Senate unanimously passed the Holding Foreign...more
On May 20, 2020, the U.S. Senate passed S.945, the Holding Foreign Companies Accountable Act (“Bill”), which requires certain public companies to disclose whether they are owned or controlled by a foreign government,...more
China is in the process of drafting a new comprehensive Export Control Law, following the June 2017 release of an initial draft for comment (Draft Export Control Law) by the Ministry of Commerce of the People’s Republic of...more
This is the third alert in our series on the risks to corporations, including financial services firms, posed by “deepfakes”—a type of technology, powered by artificial intelligence and machine learning, that can be used to...more
CFIUS Past, Present, and Future: A 2018 CFIUS Carol - The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more
The Trump Administration’s tariff wars may cause American companies to move operations offshore, with joint ventures in China one likely option. A joint venture with a Chinese partner can enable a company to respond nimbly...more
The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more
The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations...more
Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices...more
On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior. At issue was how a federal court should respond...more