On October 29, 2024, the U.S. Department of Justice (DOJ) published a proposed rule (Proposed Rule) that would restrict or prohibit certain transactions with China, Russia and other countries of concern involving U.S....more
12/18/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
China ,
Compliance ,
Covered Person ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
International Data Transfers ,
Prohibited Transactions ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Russia ,
Sensitive Personal Information ,
Trump Administration
On November 25, 2024, President-elect Donald Trump announced that, on his first day in office, he would impose new tariffs on all imports from Canada, Mexico and China.
Specifically, in posts on the social media platform...more
12/2/2024
/ Asia Pacific ,
Canada ,
China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
National Security ,
Popular ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trading with the Enemy Act ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more
11/25/2024
/ Acquisitions ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Investment ,
Investors ,
Machine Learning ,
Mergers ,
National Security ,
Proxy Season ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Technology Sector
With the rapid commercialization of artificial intelligence (AI) technology, the Biden administration has been grappling with its implications, including its potential impact on national security. Several departments have...more
11/22/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Export Controls ,
Machine Learning ,
National Security ,
Political Campaigns ,
Regulatory Agenda ,
Reporting Requirements ,
Technology Sector ,
Trump Administration ,
U.S. Treasury
The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more
11/8/2024
/ Artificial Intelligence ,
CFIUS ,
Covered Transactions ,
Final Rules ,
Foreign Investment ,
Foreign Persons ,
Lawful Permanent Residents ,
National Security ,
Outbound Transactions ,
Popular ,
Private Equity ,
Prohibited Transactions ,
Technology ,
U.S. Treasury
The Department of Defense (DoD) is currently reviewing and adjudicating the public comments received in response to its proposed regulations implementing its Cybersecurity Maturity Model Certification 2.0 program (CMMC)....more
8/13/2024
/ Aerospace ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Contractors ,
National Security ,
NIST ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements
Over its 30-year history, the Department of Defense (DoD) National Industrial Security Program Operating Manual (NISPOM), which establishes policies and procedures for mitigating foreign ownership, control or influence (FOCI)...more
On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more
On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more
7/1/2024
/ Artificial Intelligence ,
CFIUS ,
Foreign Investment ,
International Trade ,
Investment ,
Investors ,
National Security ,
Private Equity ,
Prohibited Transactions ,
Proposed Rules ,
Regulatory Requirements ,
Technology ,
U.S. Treasury
On May 14, 2024, President Joe Biden announced that he had directed the Office of the U.S. Trade Representative (USTR) to add or increase tariffs on a range of goods originating from China, including electric vehicles (EVs),...more
5/15/2024
/ Batteries ,
Biden Administration ,
Charging Stations ,
China ,
Electric Vehicles ,
International Trade ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to...more
On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more
3/7/2024
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Executive Orders ,
Legislative Agendas ,
National Security ,
New Legislation ,
Popular ,
Regulatory Requirements ,
Risk Mitigation ,
Security and Privacy Controls ,
Sensitive Personal Information
AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more
12/22/2023
/ Acquisitions ,
Artificial Intelligence ,
CFIUS ,
China ,
Cybersecurity ,
Data Privacy ,
Energy Sector ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Litigation ,
Investment ,
IRS ,
Mergers ,
National Security ,
New Hires ,
New Legislation ,
New Regulations ,
Outer Space ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Taxation ,
Technology Sector ,
Trade Relations ,
Trade Restrictions ,
UK
The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more
12/21/2023
/ Asia Pacific ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Export Controls ,
Investment ,
National Security ,
NDAA ,
Popular ,
Supply Chain ,
Technology Sector ,
Telecommunications
Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues. In this article, we discuss five key issues to track in 2024, including:...more
The Uyghur Forced Labor Prevention Act (UFLPA) enforcement landscape continues to evolve, as evident in several recent developments:
On October 24, 2023, the Congressional-Executive Commission on China (the Commission)...more
On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released two interim final rules to reinforce and expand controls on (a) advanced semiconductors and related computing items (the...more
10/27/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Deadlines ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Inspections ,
Manufacturers ,
Semiconductors ,
Technology Sector ,
U.S. Commerce Department
On September 20, 2023, the U.S. Department of Homeland Security released a report outlining the varied and sometimes conflicting reporting requirements that private entities face when they are victims of a cyber incident. The...more
10/17/2023
/ CIRC ,
Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Legislative Agendas ,
Popular ,
Public-Private Entities ,
Regulatory Agenda ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
In this month’s Privacy & Cybersecurity Update, we examine Delaware’s new comprehensive data privacy law, a joint statement by 12 data protection authorities on data scraping and data protection, a district court ruling on a...more
10/3/2023
/ California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
State and Local Government ,
State Data Privacy Laws ,
State Privacy Laws ,
Web Scraping
In this month’s Privacy & Cybersecurity Update, we analyze the Biden administration’s proposed cybersecurity labeling program for smart devices, NIST’s extensive overhaul of its cybersecurity framework, and data privacy law...more
9/6/2023
/ Biden Administration ,
California ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Labeling ,
NIST ,
Popular ,
Privacy Laws ,
Smart Devices ,
State Privacy Laws
Over the past few weeks, the interagency Forced Labor Enforcement Task Force (FLETF) has signaled a shift in its strategy for enforcing the Uyghur Forced Labor Prevention Act (UFLPA). On July 26, 2023, the FLETF issued its...more
8/23/2023
/ China ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
International Trade ,
Popular ,
Supply Chain ,
Trade Restrictions ,
Uyghur Forced Labor Prevention Act (UFLPA)
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
Technology Sector
In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more
8/2/2023
/ Biometric Information Privacy Act ,
California ,
California Privacy Rights Act (CPRA) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Transfers ,
Disclosure ,
EU ,
European Commission ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
NYDFS ,
Oregon ,
Popular ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Requirements ,
Risk Management ,
Texas
In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more
7/6/2023
/ Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Processors ,
Data Protection ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement ,
Investigations ,
Liability ,
Negligence ,
New Amendments ,
New Legislation ,
New Regulations ,
Opt-Outs ,
Popular ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Verizon
In this month’s Privacy & Cybersecurity Update, we review new consumer privacy laws in Tennessee and Indiana, three GDPR rulings by the Court of Justice of the European Union, updates regarding future California Privacy...more
6/5/2023
/ California Privacy Protection Agency (CPPA) ,
Cyber Insurance ,
Cybersecurity ,
EU ,
European Court of Justice (ECJ) ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Insureds ,
Liability ,
Privacy Laws ,
State Privacy Laws ,
Wire Fraud