Podcast: President Biden's Use of the Defense Production Act - Diagnosing Health Care
Nota Bene Episode 84: Organizational Integrity in the Post-Pandemic Enforcement Environment
The Defense Production Act of 1950 (“DPA”) remains one of the most powerful yet underutilized tools in the federal government’s arsenal for mobilizing private industry during national emergencies. For in-house counsel,...more
The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more
President Joe Biden on Oct. 30, 2023, signed a sweeping executive order (EO) and invoked the Defense Production Act to establish the first set of standards for using artificial intelligence (AI) in healthcare and other...more
On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more
On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more
The Committee on Foreign Investment in the United States (“CFIUS”) released its much-anticipated Calendar Year 2021 Annual Report that provides useful insights into how CFIUS operates, the types of transactions it is...more
During his first few days in office, President Biden signed numerous executive orders kick-starting the implementation of key features of his campaign platform. Federal contractors may feel overwhelmed by this flurry of...more
Report on Supply Chain Compliance 3, no. 9 (April 30, 2020) - The United States Department of Health and Human Services (HHS) announced a contract with General Electric for 50,000 ventilators to be produced by July 13....more
In the wake of the (coronavirus) COVID-19 pandemic, federal agencies are starting to use their delegated authority under the Defense Production Act ("DPA"), 50 U.S.C. § 4511 and the related Executive Order 12919 to place...more
The Justice Department and the FBI have quickly acted to focus on fraudsters and hoarders seeking to profit from the public panic in response to the pandemic. DOJ issued a memo to U.S. Attorneys prioritizing investigations...more