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
On July 30, 2025, President Trump issued Proclamation 10962 following the investigation by the Department of Commerce (Commerce) under Section 232 of the Trade Expansion Act of 1962 of imports of copper in all forms and...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
On March 20, 2025, President Trump signed an Executive Order (“EO”) entitled Immediate Measures to Increase American Mineral Production. The EO builds on previous energy-focused actions taken by the Administration, and...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
Expanding on our prior alert, the next administration is expected to implement economic policies that will present significant opportunities for companies who make or want to make their products in the United States with...more
During the COVID-19 pandemic, governments across the globe have become increasingly involved in the private sector. State-owned enterprises have long been common in Asia, but the pandemic has increased their prominence in...more
At the outset of the Covid-19 outbreak in this country, President Trump invoked the Defense Production Act of 1950, as amended, to help combat the virus. In March and April, he issued executive orders under the powers...more
The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more
Jones Day partners Donald F. McGahn II and Brett A. Shumate discuss the myriad of litigation, investigatory, reputational, and political risks awaiting businesses as they consider reopening during the pandemic. In this...more
The United States Department of Agriculture (USDA) recently updated its Frequently Asked Questions (FAQs) webpage regarding COVID-19 to include a section on President Trump’s Executive Order (EO) invoking the Defense...more
This week, President Donald Trump issued an Executive Order invoking the Defense Production Act (DPA) to protect the meat and poultry production supply chain. In the Executive Order, entitled, Delegating Authority Under The...more
Using his authority under the Defense Production Act of 1950 (“DPA”), President Trump issued an Order on March 27 requiring that the General Motors Company accept and perform contracts and fulfill orders for the manufacture...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
After first invoking the Defense Production Act (DPA) on March 18, 2020, President Donald Trump has taken several actions to formally deploy the authorities we discussed in our March 20, 2020, client alert, “President Trump...more
On March 18, President Trump issued an Executive Order invoking the Defense Production Act (DPA), a tool that may help the administration combat the COVID-19 pandemic. With companies like 3M, GE, and others voluntarily...more
President Trump signed an Executive Order on Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19 (EO) on March 23, 2020. The EO delegates presidential authority under the Defense...more
On March 18, President Donald Trump issued an executive order finding that the “health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators” meet certain...more
Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding. As the current global and national crisis of...more
President Donald Trump announced that he intends to invoke the Defense Production Act of 1950 (DPA) in response to the COVID-19 coronavirus pandemic. The DPA grants the executive branch of the federal government broad...more