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National Security Espionage

Alston & Bird

6th Circuit Upholds 20-year Sentence of Chinese Spy, Convicted of Espionage Crimes, Attempting to Steal Trade Secrets

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On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State...more

Kohn, Kohn & Colapinto LLP

The Espionage Act Has Been Abused for Over a Century

In her interview on the Whistleblower Network News Whistleblower of the Week podcast, Reality Winner reflected on many elements of her whistleblower journey, from her decision to blow the whistle to her incarceration. Among...more

HaystackID

U.S. Unveils Historic Sanctions Against Intellexa Spyware for Endangering Privacy and National Security

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Editor's Note: In a historic and bold move, the U.S. government has implemented unprecedented sanctions against the Intellexa Consortium and its key figures for their roles in deploying spyware that jeopardizes privacy and...more

Davis Wright Tremaine LLP

Biden Issues Executive Order To Limit Access to Personal and Government-Related Data by "Countries of Concern"

On February 28, 2024, President Biden announced that he was issuing an Executive Order (the "EO") directing the promulgation of regulations to limit the dissemination of "bulk sensitive personal data" and "United States...more

Wiley Rein LLP

Intelligence Gathering and FISA Section 702: Lots of Heat Obscures Important Practical Issues

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As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more

Guidepost Solutions LLC

The China Syndrome: Competing Regimes Make Due Diligence a Tall Task

...While reliable information from China has always come at a premium, recent restrictions on previously available business intelligence as well as Chinese enforcement actions against foreign investigative diligence firms are...more

Alston & Bird

Chinese Hackers Exploit Gap in Cloud Environment Used by U.S. Government

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According to recent reports issued by Microsoft and U.S. government agencies, hackers recently exploited a gap in Microsoft’s cloud environment, enabling the malicious actors to access the email accounts of employees at the...more

Holland & Knight LLP

Briefs Illuminate Florida Law Limiting Foreign Persons from Acquiring Real Property

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Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of...more

Faegre Drinker Biddle & Reath LLP

China Enacts Updated Counterespionage Law, Increasing Risks for Multinationals Operating in China

On July 1, 2023, an amendment to the Counterespionage Law of the People’s Republic of China (2014) (2023 Amendment) took effect, following adoption by the Standing Committee of the 14th National People’s Congress of the...more

A&O Shearman

The Revised PRC Counter-Espionage Law – What Has Really Changed?

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On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more

Pillsbury Winthrop Shaw Pittman LLP

China Amends the Counter-Espionage Law

With the amended Counter-Espionage Law, China has broadened its definition of “espionage” to give information related to “national security and interests” the same protections already given to state secrets. The amended...more

K2 Integrity

Revisions to China’s Counterespionage Law and Accompanying Raids on Foreign Businesses Heighten Risks for International Investors...

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Chinese lawmakers approved revisions to the country’s counterespionage law on 23 April 2023, broadening the definition of spying and banning the transfer of any information related to national security interests (which are...more

Morgan Lewis

China’s New ’anti-espionage Law’ Raises Complex Compliance Issues for Multinational Corporations

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The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more

Davies Ward Phillips & Vineberg LLP

Canadian Foreign Investment Law in 2023: National Security Is (Still) Paramount

In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific...more

Kilpatrick

6 Key Takeaways | Criminal Trade Secret Theft

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Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS). ...more

Dechert LLP

Department of Justice “China Initiative” Dead in Name, Alive in Substance

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On February 23, 2022, the Department of Justice announced that it would no longer be grouping cases under the "China Initiative" rubric, citing the "harmful perception" of racial or ethnic bias the use of that nomenclature...more

Wiley Rein LLP

TSA Rail Cybersecurity Directives Show Increasing Government Regulation of Critical Infrastructure and the Private Sector

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What: The Transportation Security Administration (TSA) has issued two Security Directives aimed at passenger and freight railroad cybersecurity, continuing the government’s move to an increasingly regulatory approach to...more

Lowenstein Sandler LLP

Trade Matters - November 2021

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1. New Cybersecurity Export Controls From BIS Go Into Effect in January - The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more

Morrison & Foerster LLP

Biden Administration Issues Sweeping New Sanctions On Russia In Response To Election Interference, Malicious Cyber Activity, And...

On April 15, 2021, following discussions just days earlier of a potential summit between President Biden and Russian President Putin and as Russian troops amassed along the Ukrainian border, the Biden Administration issued...more

ArentFox Schiff

Senate Eyes New Role for CFIUS in Combating ‘Foreign Malign Influence or Espionage Activities’ Targeting ‘Institutions of Higher...

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This potential expansion of CFIUS’s powers suggests broader congressional concern about attempts by Chinese entities to circumvent CFIUS reviews and access critical technologies. New legislation may soon expand the...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Requires Foreign Ownership Disclosures for Federal Government Tenancies of “High-Security Leased Spaces”

Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers. The...more

Society of Corporate Compliance and Ethics...

India bans multiple Chinese apps

Report on Supply Chain Compliance 3, no. 14 (July 23, 2020)  - Following a deadly clash between Indian and Chinese forces along the Himalayan border area, India’s government decided on June 29 to ban 59 Chinese apps. The...more

A&O Shearman

US Government Actions Greatly Increase Oversight of US Supply Chains

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The U.S. government undertook several recent actions that will greatly increase its oversight of U.S. supply chains in a number of key business sectors, including technology, telecommunications, digital and data services and...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The FBI on Why and How to Work with the Office of the Private Sector

The FBI wants you, but it’s not why you think. Spencer Evans, the Section Chief in the Office of the Private Sector (OPS), explains that the OPS is here to help and wants you to get involved. He begins the podcast by...more

ArentFox Schiff

CFIUS 2.0: Real Estate as a Platform for Foreign Espionage Against the US Government?

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency federal body that screens inbound foreign investments for national security risks, and it is currently putting the finishing touches on its...more

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