Are You a Foreign Agent? [More with McGlinchey, Ep. 21
Alabama and Oklahoma have become the latest states to ban from state-owned devices and networks certain AI tools with links to foreign governments. ...more
Key Takeaways: The U.S. Supreme Court unanimously held that a party cannot establish the U.S. commercial nexus required to invoke the FSIA’s expropriation exception by alleging a foreign state expropriated property in...more
Last week, the Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, a case concerning the scope of immunity under the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception....more
On February 19, 2025, the Committee on Oversight and Government Reform – specifically, Rep. Virginia Foxx and Committee Chairman James Comer – sent a letter to the U.S. Department of Education (DOE) Acting Secretary, Denise...more
Corporate compliance officers might feel like they’ve been put through the whirlwind lately, with the Trump Administration issuing one sweeping announcement about corporate enforcement after another. Except, remember what a...more
On February 5, 2025, US Attorney General (AG), Pam Bondi, issued a memorandum entitled Total Elimination of Cartels and Transnational Criminal Organizations, in which she provides new guidance to the Department of Justice...more
DOJ Final Rule: New US Restrictions on Nearly All Foreign Access to Personal Data - The National Security Division of the United States Department of Justice has issued a sweeping final rule that would prevent access to...more
The U.S. Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) to update regulations under the Foreign Agents Registration Act of 1938 (FARA) on January 2, 2025. If adopted, DOJ’s proposed changes would...more
After years of suggesting that modifications were in the works, the Department of Justice recently proposed drastic changes to the Foreign Agents Registration Act (FARA) that would, among other things, profoundly limit one of...more
On December 20, 2024, the US Department of Justice (DOJ) issued a long-awaited notice of proposed rulemaking (NPRM) to revise regulations under FARA, three years after an Advance Notice of Proposed Rulemaking sought input on...more
For the first time in nearly 30 years, the U.S. Department of Justice (DOJ) proposes to materially revise the Foreign Agents Registration Act (FARA). On December 19, 2024, DOJ issued a Notice of Proposed Rulemaking (NPRM)...more
Introduction - On December 20, 2024, the U.S. Department of Justice (DOJ) announced its long-awaited proposed amendments to the regulations adopted under the Foreign Agents Registration Act (FARA) in a Notice of Proposed...more
On May 13, 2024 the U.S. Department of Defense (DoD) published Instruction 5205.87: Mitigating Risks Related to Foreign Ownership, Control, or Influence for Covered DoD Contractors and Subcontractors (the Instruction), which...more
Items of Note in 2025 - I. Commercial and Noncommercial Biennial Ownership Reports: December 1, 2025 is the deadline by which all commercial and noncommercial radio and television stations must file their biennial...more
On November 18, 2024, the U.S. Department of Justice (DOJ) Foreign Agents Registration Act (FARA) Unit published an advisory opinion that appears to severely narrow the statute’s most important exemptions. In the opinion, the...more
Government entities are subject to strict regulation and reporting requirements when contracting with vendors. Florida statutes often require affidavits from vendors as a condition precedent to contracting with government...more
The British Virgin Islands has, as of 18 September 2024, extended the list of ‘Relevant Foreign Countries’ for the purposes of Part XIX of the BVI Insolvency Act, which governs Orders in Aid of Foreign Proceedings. These...more
By October 10, 2024, all radio and television broadcast stations, both commercial and noncommercial, must: (1) prepare a list of important issues facing their communities of license and the programs aired during July, August,...more
In December 2023, US Congress passed a landmark anti-bribery law: the Foreign Extortion Prevention Act (FEPA). FEPA was designed to supplement the Foreign Corrupt Practices Act (FCPA) and expand liability to foreign...more
The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more
On Tuesday, September 3, 2024, Linda Sun, a former high-ranking official in New York State’s government, was arrested in Brooklyn and charged with violating the Foreign Agents Registration Act (FARA) for allegedly acting as...more
Securities and Exchange Commission (SEC) reporting companies with fiscal years ending December 31 that engage in the commercial development of oil, natural gas or minerals are required to file a Form SD with the SEC by...more
As previously discussed in our Client Alert issued on December 18, 2020 (available here), the U.S. Securities and Exchange Commission (the “Commission”) adopted its final rule (the “Final Rule,” available here) requiring...more
Section 317 of the Communications Act requires broadcast licensees to inform their audiences of when programming is being aired in exchange for payment or compensation to the station....more
On August 15, 2024, portions of the Federal Communications Commission’s recent amendments to its broadcast sponsorship identification requirements for leased programming provided by foreign governmental entities (FSID Rules)...more