Regulations ultimately will implement a new program restricting certain investments related to China-
On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Enforcement ,
Foreign Entities ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Investors ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Outbound Transactions ,
Proposed Rules ,
U.S. Treasury
On May 9, 2024, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 (“MODPA”) into law. This makes Maryland the fifth state this year and eighteenth state in total to adopt comprehensive data...more
On April 4, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) published for public comment a long-awaited proposed rule to implement the Cyber Incident Reporting for Critical Infrastructure Act of 2022...more
4/19/2024
/ Comment Period ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Collection ,
Data Preservation ,
Data Protection ,
Deadlines ,
Department of Homeland Security (DHS) ,
Reporting Requirements
On February 28, 2024, President Biden signed Executive Order (EO) 14117 titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” On March 5,...more
4/1/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Biden Administration ,
Biometric Information ,
Cyber Espionage ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Executive Orders ,
Geolocation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
National Security ,
PHI ,
Popular ,
Risk Assessment ,
Sensitive Personal Information ,
Social Security Act
On December 18, 2023, new cybersecurity rules adopted by the U.S. Securities and Exchange Commission (SEC) became effective. Among other things, those rules require SEC registrants to disclose certain information about...more
Prohibitions targeted to prevent China’s exploitation of dual-use technology -
On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more
8/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
China ,
Compliance ,
Covered Transactions ,
Debt Financing ,
Executive Orders ,
Foreign Investment ,
International Emergency Economic Powers Act (IEEPA) ,
Joe Biden ,
National Security ,
Penalties ,
Policies and Procedures ,
Screening Procedures ,
Semiconductors ,
Technology Sector ,
U.S. Treasury
On March 2, 2023, the White House Office of the National Cyber Director released the National Cybersecurity Strategy (the “Strategy”). While the Strategy carries no legal force in and of itself, it sets forth a bold roadmap...more
On January 10, 2023, the House of Representatives passed H.Res. 11 establishing the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Select Committee”). The...more
On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Act”) as part of an omnibus appropriations bill. The Act compels “covered entities” — companies in...more
4/7/2022
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FBI ,
Popular ,
Proposed Rules ,
Securities and Exchange Commission (SEC)
As cryptocurrency, decentralized finance (DeFi), and other uses of blockchain technology continue to proliferate, global regulators are grappling with how best to regulate their use. We have previously written about the...more
11/23/2021
/ Anti-Money Laundering ,
Blockchain ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Enforcement ,
FATF ,
Investigations ,
Licensing Rules ,
New Guidance ,
Non-Fungible Tokens (NFTs) ,
Peer-to-Peer ,
Popular ,
Registration
On October 6, the Deputy Attorney General (“DAG”) announced a new Department of Justice (“DOJ”) Civil Cyber-Fraud Initiative – an effort that pulls together attorneys and experts across DOJ focused on fraud enforcement,...more
FCA ENFORCEMENT SHIFT -
On October 6, the Deputy Attorney General (“DAG”) announced a new Department of Justice (“DOJ”) Civil Cyber-Fraud Initiative – an effort that pulls together attorneys and experts across DOJ focused on...more
10/19/2021
/ Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Department of Justice (DOJ) ,
Executive Orders ,
False Claims Act (FCA) ,
Fines ,
Fraud ,
Joe Biden ,
Popular ,
Whistleblowers
On October 3, the International Consortium of Investigative Journalists began reporting on millions of confidential documents relating to the financial activities of heads of state, international business leaders, and other...more
Earlier this month, the Supreme Court issued its first major decision on the Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States. The decision has significant implications for how organizations protect...more
It’s been, as the song goes, a long, long time coming. In April, the Department of Labor issued its first ever formal cybersecurity guidance for retirement plan sponsors and retirement plan fiduciaries, and for the service...more
6/23/2021
/ Benefit Plan Sponsors ,
Cybersecurity ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
General Data Protection Regulation (GDPR) ,
New Guidance ,
Personal Information ,
Popular ,
Retirement Plan ,
Risk Management ,
Third-Party Service Provider
Department of Education Report Warns that Academic Institutions Are Failing to Meet Compliance Obligations in Fight Against Foreign Influence
Last month the Department of Education (“DOE” or “Department”) released an...more
11/23/2020
/ Accounting Controls ,
Audits ,
Compliance ,
Department of Defense (DOD) ,
Department of Education ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Educational Institutions ,
False Claims Act (FCA) ,
FBI ,
Foreign Entities ,
Higher Education Act ,
NASA ,
National Institute of Health (NIH) ,
National Security ,
Proposed Legislation ,
Reporting Requirements
In the past, sanctioned jurisdictions like Venezuela have embraced virtual currency as a way to bypass channels that involve U.S. dollars, blunting the impact of U.S. economic sanctions policies aimed at isolating those...more
3/12/2020
/ Anti-Money Laundering ,
Bitcoin ,
Blockchain ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Department of Justice (DOJ) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Law Enforcement ,
National Security ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
U.S. Treasury ,
Virtual Currency
The Department of Justice (DOJ) recently announced that it reached a $5,500,000 settlement with a biomedical research institute that received NIH grant funding–the Van Andel Research Institute (VARI)–to resolve allegations...more
2/26/2020
/ Department of Justice (DOJ) ,
Enforcement Actions ,
Failure To Disclose ,
False Claims Act (FCA) ,
Federal Grants ,
Foreign Investment ,
Government Investigations ,
Medical Research ,
National Institute of Health (NIH) ,
Research Funding ,
Settlement
On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became...more
On December 13, 2019, the Department of Justice (“DOJ”) released an updated Export Control and Sanctions Enforcement Policy for Business Organizations (“Policy”), revising the prior policy governing voluntary self-disclosures...more
1/17/2020
/ Department of Justice (DOJ) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
International Emergency Economic Powers Act (IEEPA) ,
International Sales ,
Non-Prosecution Agreements ,
Regulatory Requirements ,
Sanction Violations ,
Self-Disclosure Requirements
This is the third alert in our series on the risks to corporations, including financial services firms, posed by “deepfakes”—a type of technology, powered by artificial intelligence and machine learning, that can be used to...more
12/16/2019
/ Artificial Intelligence ,
Audio Recording ,
China ,
Corporate Counsel ,
Criminal Conspiracy ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Deep Fake ,
Espionage ,
FBI ,
Financial Fraud ,
Foreign Governments ,
Industrial Espionage ,
Intellectual Property Protection ,
Malware ,
Popular ,
Ransomware ,
Risk Management ,
Video Recordings
Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM -
We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more
10/14/2019
/ Arbitration ,
CFIUS ,
Climate Change ,
DIFC ,
Energy Policy ,
Energy Sector ,
Energy Summit ,
Foreign Investment ,
Human Rights ,
Oil & Gas ,
Project Finance
On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more
9/19/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Personal Data ,
Personally Identifiable Information ,
Proposed Rules ,
Real Estate Transactions ,
Technology Sector