News & Analysis as of

National Security Foreign Adversaries

Cohen & Gresser LLP

Evading DOJ Crosshairs As Data Security Open Season Starts

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The U.S. Department of Justice has added a new weapon to its enforcement arsenal, aimed at enhancing its ability to prevent foreign adversaries from accessing and exploiting government related data and sensitive personal data...more

Morrison & Foerster LLP

FTC Looks to Leverage PADFAA Enforcement to Help Limit Exposure of Consumer Data

In recent comments, Commissioner Holyoak signaled that the Federal Trade Commission will prioritize enforcement of the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a law that empowers the FTC to police...more

Troutman Pepper Locke

FCC Expands National Security Reporting Requirements and Restrictions

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On May 27, the Federal Communications Commission (FCC) opened two rulemaking proceedings aimed at foreign involvement in U.S. communications networks, particularly by countries identified as foreign adversaries, such as China...more

Wiley Rein LLP

The FCC’s National Security Mandate: The Rise of the Council on National Security

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The Federal Communications Commission (FCC) has taken significant steps to institutionalize national security within its regulatory framework through the creation of the Council on National Security (CNS). Chaired by Chairman...more

Baker Donelson

Digital Marketing Meets DOJ Oversight: What Businesses with Digital Campaigns Should Do to Manage AdTech Risks

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With the ease of apps and websites for planning activities, whether it be vacations, business trips, or shopping, we open ourselves to multiple sources of being followed across devices by collecting, analyzing, and sharing...more

Akin Gump Strauss Hauer & Feld LLP

FCC Announces Comment Deadlines for the Foreign Ownership NPRM

On Monday, June 23, the Federal Communications Commission (FCC) issued a public notice announcing comment and reply comment deadlines for the Identifying Foreign Adversary Ownership Stakes Notice of Proposed Rulemaking...more

Morrison & Foerster LLP

Trump Issues Executive Order on Cybersecurity Rolling Back Some Prior Policies and Introducing New Ones

Last week, the Trump administration made its priorities clear for the nation’s cybersecurity posture in the form of the newly issued executive order entitled “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity...more

Wiley Rein LLP

FCC Bans “Bad Labs” Connected to Foreign Adversaries, Seeks Comment on Additional Restrictions for Equipment Authorization Program

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Continuing its efforts under Chairman Brendan Carr’s leadership to safeguard United States communications infrastructure from foreign threats, the Federal Communications Commission (FCC or Commission) adopted an Order and...more

Akin Gump Strauss Hauer & Feld LLP

FCC Initiates Proceeding To Identify Foreign Adversary Ownership in All Commission Licenses and Authorizations

On May 22, 2025, the Federal Communications Commission (FCC or Commission) unanimously voted to adopt a Notice of Proposed Rulemaking (NPRM) that proposes to require entities holding FCC licenses, authorizations and approvals...more

Cooley LLP

FCC Proposes Rules to Ferret Out Control of Regulated Entities by Foreign Adversaries

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The Federal Communications Commission (FCC) has released a notice of proposed rulemaking on control of FCC-regulated businesses by “foreign adversaries.” If the FCC adopts these rules, nearly every entity that is subject to...more

Wiley Rein LLP

Targeting “Foreign Adversary” Interests, FCC Proposes Broadly Applicable Ownership Reporting Regime

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On May 27, 2025, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (Foreign Adversary NPRM or NPRM) that seeks to promote U.S. national security by providing “a new and...more

Wilson Sonsini Goodrich & Rosati

The CFIUS “Fast-Track” Pilot Program: Why You (Probably) Can Ignore This Space

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced that it will create a “fast-track pilot program” for certain foreign investors. The stated goal of the program is to streamline investment reviews by...more

Robinson+Cole Data Privacy + Security Insider

Clock Ticking: DOJ’s New Data Security Rule Requires Compliance by July 8

U.S. companies are running out of time to comply with a sweeping new Department of Justice (DOJ) rule that limits sharing sensitive personal data with certain foreign countries—including China, Russia, and Iran. With a hard...more

Troutman Pepper Locke

The Least Known Risk in the Energy Sector: The “ICTS” National Security Rules

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There are unprecedented risks and opportunities emerging for companies in the energy sector as the Trump administration’s priorities start to come into focus. Many of those are well-known to the industry. Here’s one that’s...more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Releases Its Data Security Program Compliance Guide

The guide outlines the requirements of a newly implemented Data Security Program designed to prevent China, Russia and other foreign adversaries designated by the U.S. Department of Justice from accessing American’s sensitive...more

Baker Donelson

DOJ Issues Additional Guidance and Clarification on the Bulk Data Transfer Rule: What U.S. Businesses Need to Know

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On April 11, 2025, the Department of Justice's National Security Division (NSD) issued additional guidance to assist U.S. organizations in understanding and complying with the Data Security Program (DSP). As discussed in our...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Troutman Pepper Locke

Foreign Influence in Universities Targeted by Trump Administration

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As part of the “America First” Investment Policy Memorandum, released on February 21, the Trump administration signaled that it may increase restrictions on investments made by American university endowments relating to...more

Guidepost Solutions LLC

America First Investment Policy: Navigating the Shift in CFIUS Mitigation

Every new presidential administration brings with it a degree of uncertainty regarding potential shifts in the Committee on Foreign Investment in the United States (CFIUS) process. This is especially true in our current...more

Brownstein Hyatt Farber Schreck

Trump Administration Sets Foreign Investment Goals Under the "America First Investment Policy"

On Feb. 21, 2025, President Trump issued a National Security Presidential Memorandum (NSPM) introducing an “America First Investment Policy,” which sets the stage for a significant realignment of U.S. investment regulations....more

Wiley Rein LLP

President Trump Announces “America First Investment Policy” to Promote Investments from Allies and Enhance Restrictions on China

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On February 21, 2025, President Trump signed a National Security Presidential Memorandum (NSPM) announcing an “America First Investment Policy” focused on promoting foreign investment in the United States from allies and...more

Orrick, Herrington & Sutcliffe LLP

White House to Expand Restrictions on Chinese Investment While Streamlining Investment Reviews for Allies

On February 21, 2025, a Presidential Memorandum, “America First Investment Policy” (the “Memorandum”), announced planned changes to the Committee on Foreign Investment in the United States (“CFIUS”) and outbound investment...more

Akin Gump Strauss Hauer & Feld LLP

America First Investment Policy (Trump EO Tracker)

This memorandum directs the U.S. government to use all necessary legal instruments, including the Committee on Foreign Investment in the United States (CFIUS), to restrict PRC-affiliated persons from investing in U.S....more

Latham & Watkins LLP

White House Issues America First Investment Policy

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The policy memo aims to preserve an open investment environment as well as restrict investment in strategic sectors. Late on Friday, February 21, 2025, the White House released its “America First Investment Policy”...more

Troutman Pepper Locke

Do You Know Where Your Data Is Going? On April 8, New National Security Rules Take Effect

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A groundbreaking new regulatory regime, imposing rules unlike any in existing U.S. law, may surprise many companies due to its sudden adoption and complexity. This article tries to simplify the changing regulatory landscape,...more

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