Everyone Come to Play: Exploring FOCI Mitigation Instruments
Podcast - FOCI Mitigation: SSAs, SCAs and Proxy Agreements
Leaders in Law: The State of International Trade with Neena Shenai
Understanding FOCI Mitigation
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
An In-Depth Overview of the DCSA
Ask a CFIUS Expert: Is Crypto Spying on Us?
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Decoding the Key Management Personnel Requirements
Navigating Personnel Security Clearances (PCLs)
Wiley's 10 Key Trade Developments: Outbound Investments and CFIUS Review
What Is an FCL and How Do I Obtain One?
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
Emerging Technology in the FY24 NDAA
John Neiman on the Corporate Transparency Act
Wiley's 10 Key Trade Developments: Evolution of Export Controls
FINCast Ep. 39 – State of Russia Sanctions Two Years After the Invasion
AGG Talks: Cross-Border Business - Privacy & Cybersecurity Considerations for Non-U.S. Companies
Video: Making Trade Inclusive for All Americans: A Conversation with SAP's Michelle Trong Perrin-Steinberg
Employers and businesses are in limbo on how to prepare for a post-TikTok world after Congress passed legislation giving the social media app’s Chinese owner nine months to either sell the company or be banned throughout the...more
As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more
President Biden signed a historical aid package into law on Tuesday that includes aid for Ukraine, Israel, and the Indo-Pacific region. The package also includes a bill increasing sanctions on Russian assets and requiring...more
On March 13, 2024, the U.S. House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) in a bipartisan vote, which would require the popular social media site TikTok...more
Yesterday, with broad bipartisan support, the U.S. House of Representatives voted overwhelmingly (352-65) to support the Protecting Americans from Foreign Adversary Controlled Applications Act, designed to begin the process...more
The bill that passed in the U.S. House of Representatives potentially banning TikTok’s use in the U.S. is not a novel idea. The federal government has already banned TikTok’s use for federal employees, some states have banned...more
Montana’s legislature last year passed legislation, signed by the Governor, to ban the use of TikTok within the borders of the state, seeking to protect Montana consumers’ personal information and limit spying by the Chinese...more
If you didn’t get to watch “60 Minutes” on Sunday and see the “Five Eyes” warn us all about China, put it on your list to watch soon. The Five Eyes are the intelligence leaders of five allied countries: U.S., Canada,...more
On June 2, 2023, the FAR Council issued an Interim Rule to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited (covered application)....more
You may have learned of a new FAR provision banning the use of TikTok by contractors and employees. Lawmakers and regulators are concerned that TikTok and its parent company, ByteDance, may put sensitive user data into the...more
Background - In December of 2022, Congress passed the “No TikTok on Government Devices Act” as part of the Consolidated Appropriations Act, 2023 to address the risks presented by the app to sensitive government data. This...more
Only two months after a federal bill was introduced to ban TikTok nationwide, Montana has become the first U.S. state to officially ban TikTok from operating in the state. Governor Greg Gianforte signed S.B 419 into law on...more
Last week, in its most high-profile effort yet to focus attention on data privacy and security, the House Committee on Energy & Commerce held a hearing with TikTok’s CEO Shou Zi Chew. The full-Committee hearing was high...more
Chinese company ByteDance faces growing concerns from governments and regulators that its user data from its popular short video-sharing app TikTok could be handed over to the Chinese government. The concern is based on...more
This article is the second article in a three-part series. The first article detailed the procedural posture of the failed executive actions to create a TikTok ban. This article discusses the current Congressional attempt to...more
Over the past two months, the national security threats posed by the TikTok app have been more exposed than the individuals posting the videos to TikTok. Yet despite those risks, Americans continue to post content to the app,...more
Governors of numerous states have issued Executive Orders in the past several weeks banning TikTok from government-issued devices and many have already implemented a ban, with others considering similar measures. There is...more
I continue to marvel at how many Americans are using TikTok but are oblivious to the fact that they are being duped by one of our foreign adversaries—the Chinese Communist Party. Folks, listen to and heed the warnings of both...more
It is estimated that some 80 million Americans and more than one billion people use TikTok. It is well known that TikTok has a direct connection to the Chinese Communist Party, which is a foreign adversary of the U.S. This...more
FCC Commissioner Brendan Carr asserted that TikTok poses an “unacceptable national security risk” in a letter to the CEOs of Google and Apple urging the companies to remove the app from their mobile app stores. According to...more
President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape. On June 9, 2021, President Biden...more
On January 9, 2021, the Biden Administration issued Executive Order (EO) 14034, to further address the declared national emergency with respect to the information and communications technology and services (ICTS) supply...more
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
After months of drama that we dutifully catalogued right here, the U.S. plan to “force the sale of TikTok’s American operations” to Oracle and Walmart “has been shelved indefinitely.” The forced sale has “languished since...more
On 5 January 2021, President Donald Trump issued Executive Order (EO) 13971 on "Addressing the Threat Posed By Applications and Other Software Developed or Controlled By Chinese Companies," which prohibits U.S. persons from...more