On April 25, Attorney General Pam Bondi issued a memorandum updating Department of Justice (DOJ) policy for “obtaining information from, or records of, members of the news media” (Bondi Memorandum)....more
On January 20, 2025, President Donald J. Trump signed Executive Order 14157, “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” (EO 14157)....more
4/23/2025
/ Anti-Money Laundering ,
Cartels ,
Civil Liability ,
Corporate Liability ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Executive Orders ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SDN List ,
Significant Transnational Criminal Organization ,
Terrorist Organizations
On January 16th, Missouri Attorney General Andrew Bailey announced that he plans to issue a regulation that requires social media platforms to “offer algorithmic choice” to users....more
On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more
8/28/2024
/ CO Supreme Court ,
Compliance ,
Data Collection ,
Electronic Devices ,
Electronically Stored Information ,
Fourth Amendment ,
Google ,
Law Enforcement ,
Location Data ,
Search Warrant ,
Unconstitutional Condition ,
Warrants
On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more
The Supreme Court took the long-anticipated step of overruling Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The majority decision in Loper Bright Enterprises v. Raimondo means that...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more
7/12/2022
/ Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Regulatory Authority ,
Regulatory History ,
SCOTUS ,
West Virginia v EPA
On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules...more
Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more
3/25/2021
/ Appeals ,
Communications Decency Act ,
Corporate Counsel ,
Dismissals ,
Immunity ,
Motion to Dismiss ,
Online Platforms ,
Preemption ,
Religious Discrimination ,
Section 230 ,
Vimeo
On February 26, 2021, in Springsteen-Abbott v. Securities and Exchange Commission, a panel of the U.S. Court of Appeals for the D.C. Circuit held that a petitioner challenging sanctions imposed by the Financial Institutions...more
Shortly after taking office, the Biden Administration unveiled what it called a “comprehensive,” “coordinated” and “aggressive” National Strategy to confront the COVID-19 pandemic. As a key component of this approach, the...more
On President Biden’s first two days in office, he issued a National Strategy for the COVID-19 Response and Pandemic Preparedness and 11 related Executive Orders, including an Executive Order on a Sustainable Public Health...more
1/28/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Federal Contractors ,
FEMA ,
Manufacturers ,
Pharmaceutical Distribution ,
Prescription Drugs ,
Price Gouging ,
Public Health Emergency ,
Suppliers ,
Supply Chain
During the week of May 11, the Administration took several important actions reflecting its intent to make greater use of the Defense Production Act (DPA) to address product shortages and supply chain problems affecting the...more
The Trump Administration has remained hesitant to exercise compulsory powers under the Defense Production Act (DPA), preferring to engage in negotiations with companies to encourage increased production of goods needed for...more
The outbreak of the novel coronavirus (COVID-19) has affected nearly all individuals and businesses in the United States. With over 350,000 cases confirmed worldwide, including over 30,000 cases in the United States, federal,...more
The Department of Justice announced yesterday that the United States and the United Kingdom have entered into the first of the international executive agreements authorized under the Clarifying Overseas Use of Data (CLOUD)...more
10/7/2019
/ Bilateral Agreements ,
Corporate Counsel ,
Criminal Investigations ,
Data-Sharing ,
Electronic Communications ,
EU ,
Evidence ,
Law Enforcement ,
Mutual Legal Assistance Treaties (MLAT) ,
Stored Communications Act ,
UK
On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more
On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic...more
On March 6, 2017, President Trump signed a substantially narrowed version of the January 27, 2017 Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The revised Order,...more