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
On May 23, 2025, President Donald Trump issued four Executive Orders – Reinvigorating the Nuclear Industrial Base, Deploying Advanced Nuclear Reactor Technologies for National Security, Reforming Nuclear Reactor Testing at...more
On May 23, 2025, President Donald Trump signed four executive orders aimed at revitalizing and accelerating the growth of nuclear energy in the United States. The executive orders direct actions by the Department of Defense...more
President Donald Trump on April 24, 2025, issued an executive order, "Unleashing America's Offshore Critical Minerals and Resources" (the EO), that aims to promote the development of offshore critical minerals in the oceans...more
President Donald Trump on March 20, 2025, signed an executive order (EO) that sets the foundation for boosting U.S. mineral production through regulatory streamlining, leveraging the Defense Production Act (DPA) and...more
On March 20, 2025, President Trump issued an Executive Order Immediate Measures to Increase American Mineral Production – The White House (EO or Order) in the interest of national and economic security. Significantly, the EO...more
On March 20, 2025, President Trump issued an Executive Order (EO) directing his administration to immediately implement measures bolstering the production of America’s critical minerals, including uranium, copper, potash,...more
President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary...more
On Friday, February 21, 2025, President Trump issued a National Security Presidential Memorandum (“NSPM”) titled “America First Investment Policy” which directed multiple federal agencies to take action to further restrict...more
The Defense Production Act Title III (DPA Title III) was utilized during President Trump's first term to support certain materials critical to national defense and in response to the COVID-19 pandemic. President Biden...more
On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more
On September 9, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (BIS) released notice of a proposed rule to create a mandatory reporting requirement for artificial intelligence (AI)...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
On May 13, 2024, President Biden took the rare step of issuing a Presidential decision ordering the divestment of Chinese-owned real estate located near the Francis E. Warren Air Force Base (Warren AFB) in Wyoming and the...more
The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently published a Notice of Proposed Rulemaking (NPRM) that would amend the...more
Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more
With growing concerns related to how artificial intelligence is developed, regulated, and implemented in the United States, this Executive Order represents possibly the first of several governmental actions to address this...more
The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the responsible development and...more
The Order marks an ambitious effort to stand up a whole-of-government approach to encouraging the benefits and managing the risks of artificial intelligence, with many of its most significant private-sector implications...more
President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns...more
On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of...more
Today, the Biden Administration released its highly anticipated Executive Order on Safe, Secure and Trustworthy Artificial Intelligence, setting forth a broad vision of the Administration’s legal, regulatory, and policy...more
On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” designed to spur new AI safety and security standards, encourage the development of privacy-preserving...more
Blockchain presents unprecedented challenges around national security. This is true not only for the federal government, but also for businesses in the private sector. From cross-border transactions involving cryptocurrency...more
On September 14, 2023, the U.S. Department of the Treasury held the annual Committee on Foreign Investment in the United States (“CFIUS”) Conference in Washington, DC. The interagency Committee is tasked with reviewing...more