News & Analysis as of

National Security

Third Time’s Not the Charm for Trump’s Travel Ban

The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause....more

CFIUS: Evolution Yields to Revolution

by Jones Day on

While 2017 was an evolutionary year for the Committee on Foreign Investment in the United States ("CFIUS"), 2018 portends to be a revolutionary year. A number of factors, including a new President, growing concerns over...more

Section 232 Decisions – Department of Commerce Recommends Tariffs on Steel and Aluminum

by Clark Hill PLC on

On February 16, 2018, the Department of Commerce (Commerce) released its reports in the Section 232 investigations on steel and aluminum. The investigations were carried out under Section 232 of the Trade Expansion Act of...more

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2018 may hold based on significant developments...more

Commerce Secretary Releases Steel and Aluminum 232 Reports, Recommends Remedies

by Kelley Drye & Warren LLP on

On Friday, February 16, 2018, Secretary Ross released public versions of the U.S. Department of Commerce’s reports concerning the agency’s section 232 investigations into the impact on national security of steel and aluminum...more

What Companies Can Learn from the DNC Hack

by Womble Bond Dickinson on

In summer 2015, the spies of a foreign country gained access to a private company’s domain name – pick any company you like, or several, since we don’t know which ones or how many. And within those domains, they created false...more

Australian Government Further Tightens FIRB Controls, Now Over Critical Electricity Assets

by Jones Day on

In early 2016, the Australian Government announced the introduction of new standard tax conditions and appeared to indicate that the conditions would be applied universally to all foreign investment approvals. Later that...more

DOE Announces New Cyber Office to Elevate Importance of Risks to Energy Sector - Effort Builds on Prior White House, DOE and FERC...

by Holland & Knight LLP on

The President’s FY 19 Proposed Budget, issued on Feb. 12, 2018, featured a heavy focus on the cybersecurity risks to the nation’s critical infrastructure and included budget increases for cyber specific missions within...more

DDTC and BIS Solicit Comments Regarding Controls over Explosives, Personal Protective Equipment, and Military and Intelligence...

• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more

CFIUS and China: Separating Fact from Fiction

No, the Committee on Foreign Investment in the United States has not put a halt to acquisitions of U.S. companies by China-based purchasers. ??????????????????????????????????? Three recently cleared transactions...more

Lurches, Leaps, Feints, and Flops: Movements Without Motion in Russian Sanctions Policy

Since the U.S. Government determined that Russia interfered in the 2016 election, movement around Russia sanctions policy has been vigorous, if not unidirectional. In 2016, the United States implemented twice sanctions...more

Advanced Reactors Front and Center at House Committee Hearing on Nuclear Energy

by Hogan Lovells on

The House Committee on Energy and Commerce, Subcommittee on Energy held a hearing February 6, 2018 to discuss the challenges facing America’s nuclear infrastructure, including advanced reactor development. ...more

Breaking Down the #Memo

By now you’ve likely heard of, and perhaps read, the much-vaunted memorandum written by the Republican majority staffers on the House Permanent Select Committee on Intelligence (HPSCI) and released to the public this past...more

Border Patrol Continues to Test Drone Use

by Snell & Wilmer on

While legislative wrangling over construction of a border wall continues, unmanned aerial vehicles are a growing part of the nation’s defense strategy. U.S. Customs and Border Protection (CBP) has implemented the Predator-B...more

Border Searches: Risks to Electronic Devices and Your Data

U.S. citizens who travel internationally, especially corporate executives and high-net-worth individuals, must consider and navigate data security risks when crossing a border—whether into the United States or another...more

DOJ Issues Memorandum Urging Government Lawyers to Dismiss ‘Meritless’ False Claims Act Cases

by King & Spalding on

The Department of Justice recently issued an internal guidance memo to DOJ attorneys regarding the dismissal of meritless False Claims Act (FCA) cases. Michael Granston, the Director of DOJ’s Civil Fraud Section, first made...more

TSA to Issue Final Rule for Security Training for Transit, Freight and Bus Employees Summer 2018

by Holland & Knight LLP on

It has been 14 years since the 9/11 Commission Report was issued, in which many recommendations were made to improve security in the U.S. The Transportation Security Administration (TSA) has still not yet implemented three of...more

DOJ Signals More Liberal Exercise Of Power To Dismiss Qui Tam Actions Under The FCA

by Husch Blackwell LLP on

On January 10, 2018, citing costs associated with record increases in the number of qui tam actions filed under the False Claims Act, the Department of Justice issued a memorandum to certain DOJ attorneys, strongly signaling...more

Department of Justice Memorandum Provides Guidance for Evaluating Dismissal of Qui Tam FCA Cases

• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

by Foley & Lardner LLP on

In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses

by Cozen O'Connor on

The Department of Justice (DOJ) has recently issued two new memoranda that reflect a sea change in DOJ’s intervention in and enforcement of False Claims Act (FCA) claims. ..On January 25, 2018, the Associate Attorney...more

Inspection of Personal Electronic Devices Conducted by U.S. Customs and Border Protection Officers on the Rise

by Garvey Schubert Barer on

International travelers from and to the United States may increasingly encounter an inspection of personal electronic devices conducted by U.S. Customs and Border Protection (“CBP”) officers. The selection may be for a...more

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to...more

The Trump N.L.R.B. Gift Giving Season

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases expending employee and labor union protections. In a...more

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

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Cybersecurity

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