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
President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....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
Component part manufacturers of important lifesaving and life-protecting equipment have been essential players in the first line of defense against the COVID-19 pandemic. In the previously normal legal context, these...more
In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more
As state and local governments issue shelter in place directives that keep workers at home and close production lines, businesses advocating to remain open should consider whether the Defense Production Act supports their...more
On March 18, 2020, President Trump signed an Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.)....more
As policy-makers and industry look for responses to the COVID-19 crisis, one tool is in plain sight: the Defense Production Act of 1950 (the “DPA”). The DPA, already on the books, is tailor-made for the national effort...more
At a news conference this morning, March 18, 2020, President Trump announced he was invoking the Defense Production Act of 1950 (“DPA”) to thwart the Coronavirus pandemic. Among numerous broad powers, this 1950 law authorizes...more
In response to the rapid expansion of the coronavirus (“COVID-19”), the Government continues to consider all mechanisms available to cope with expected widespread supply chain and procurement disruptions....more
On April 12, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) posted a notice on its resources website page with little fanfare announcing the imposition of a civil fine on an unnamed party for...more
On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more