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National Security Contract Terms

Paul Hastings LLP

A Victory for Deal Certainty: Reasonable Best Efforts Covenants Should be Taken Seriously

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The recent decision of the Delaware Court of Chancery in Desktop Metal, Inc. v. Nano Dimension Ltd. and Nano USI I, Inc. provides valuable lessons for both sellers and buyers on deal certainty and reasonable best efforts...more

Paul Hastings LLP

Department of Justice Provides New Guidance on Bulk Sensitive Data Transfer Rules

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The Department of Justice’s National Security Division (NSD) released several documents on April 11, 2025, to assist entities that must comply with the Final Rule regulating or prohibiting the transfer of bulk U.S. sensitive...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

Hogan Lovells

How to leverage Advanced Purchase Agreements for military supply

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The EU is introducing new regulations (EDIRPA and EDIP) to structure military procurement through pooled orders coordinated by the European Commission. Advanced Purchase Agreements (APAs), inspired by COVID-19 contracts,...more

White & Case LLP

Navigating NATO Procurement: Legal and Regulatory Considerations for Companies in Finland & Sweden

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As NATO’s strategic priorities evolve, the accession of Finland and Sweden marks a significant shift in the alliance’s defense landscape. With these Nordic nations integrating into NATO’s security framework, their defense...more

Skadden, Arps, Slate, Meagher & Flom LLP

Impact of Canada, Mexico and China Tariffs on Commercial Contracts

President Donald Trump’s tariffs on virtually all goods from Canada and Mexico went into effect at midnight on March 4, 2025. The tariffs were effected through an expiry of the extension of the previous executive order (see...more

Morrison & Foerster LLP - Government...

DoD Other Transactions (OTs) Desk Reference

The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Impact of Tariffs on Commercial Contracts

Parties confronted by the prospect of new tariffs will need to assess their impact on existing contractual obligations. U.S. law imposes the initial payment of the tariff on the importer of record who brings the good into...more

Holland & Knight LLP

Leasing SCIF Space: Considerations for Landlords and Tenants

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In the post COVID-19 era, the office leasing market has faced significant challenges due to remote work and hybrid models, particularly in non-trophy-class buildings. One healthy exception to the office market struggle is the...more

Bradley Arant Boult Cummings LLP

Practical Considerations for Navigating Tariff Risk on Construction Projects

As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...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

Womble Bond Dickinson

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

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The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Womble Bond Dickinson

Our Way or the Huawei: Are Your Fintech Contracts Ready for a National Emergency?

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Most of the reaction to Donald Trump’s sweeping new Executive Order, declaring a national emergency to combat “the ability of foreign adversaries to create and exploit vulnerabilities in information and communications...more

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