David Plotinsky

David Plotinsky

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The State of FARA Following Attorney General Bondi’s Reprioritization of DOJ Resources

On her first day in office, Attorney General Pam Bondi published several memorandums laying out the reprioritization of US Department of Justice (DOJ) efforts and funding, including the memorandum General Policy Regarding...more

3/3/2025  /  Department of Justice (DOJ) , Enforcement Actions , Foreign Agents Registration Act (FARA) , National Security , Regulatory Reform , Trump Administration

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

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

1/14/2025  /  Compliance , Department of Justice (DOJ) , Disclosure Requirements , Enforcement Actions , Final Rules , Foreign Agents Registration Act (FARA) , Foreign Policy , National Security , Proposed Rules , Regulatory Reform

DOJ Proposes Rules to Restrict US Data Transfers to Countries of Concern

The US Department of Justice (DOJ) on October 21, 2024 issued a Notice of Proposed Rulemaking (NPRM), through its Foreign Investment Review Section (FIRS), to implement Executive Order (EO) 14117, titled Preventing Access to...more

11/14/2024  /  Data Protection , Department of Justice (DOJ) , International Data Transfers , NPRM , Personal Data , Proposed Rules

US House of Representatives Holds ‘China Week’ – What Happened and What’s Next?

With federal elections and the conclusion of the 118th Congress drawing near, “China Week,” as dubbed by House leadership, presented one of the final opportunities for the US House of Representatives to act on a variety of...more

9/20/2024  /  CFIUS , Department of Homeland Security (DHS) , Department of Justice (DOJ) , Export Control Reform Act (ECRA) , Export Controls , National Security , SDN List

Commerce Issues First-Ever Ban on Information and Communications Technology and Services Transactions Under EO 13873

The Department of Commerce’s Bureau of Industry and Security (BIS) published a 13-page Final Determination on June 24, 2024 concerning cybersecurity and antivirus software supplied by a US subsidiary of a Russia-based...more

6/27/2024  /  Bureau of Industry and Security (BIS) , Department of Justice (DOJ) , Economic Sanctions , Export Controls , Exports , International Emergency Economic Powers Act (IEEPA) , Office of Foreign Assets Control (OFAC)

Another Brick in the Wall: Regulatory Regime Established to Protect US Sensitive Personal Data From ‘Countries of Concern’

In a significant move to safeguard sensitive personal data of US persons, President Joseph Biden issued an executive order (EO) titled Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more

3/1/2024  /  CFIUS , Department of Justice (DOJ) , Export Controls , National Security , Personal Data

A Closer Look at DOJ’s New Safe Harbor Policy for Voluntary Self-Disclosure in M&A

With the Department of Justice’s (DOJ’s) recently announced “Safe Harbor Policy” encouraging voluntary self-disclosure in mergers and acquisitions (M&A), this LawFlash discusses key considerations and measures that acquiring...more

10/13/2023  /  Corporate Crimes , Corporate Misconduct , Criminal Prosecution , Department of Justice (DOJ) , Enforcement Actions , Self-Disclosure Requirements , Voluntary Disclosure

Analysis: How Team Telecom Can Conduct Faster Reviews in No-risk Cases

A common concern of telecommunications companies, their investors, and their counsel is that the Team Telecom process is unduly long—especially compared with the analogous process for the Committee on Foreign Investment in...more

4/11/2023  /  CFIUS , Department of Justice (DOJ) , Executive Orders , FCC , Regulatory Authority , Telecommunications

Could Sensitive Personal Data Become Export Controlled?

Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

7/20/2022  /  CFIUS , Department of Justice (DOJ) , Export Control Reform Act (ECRA) , Export Controls , Exports , Foreign Adversaries , National Security , Personal Data , Sensitive Personal Information
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