News & Analysis as of

National Security Government Investigations

Hughes Hubbard & Reed LLP

$140M US Export Controls Enforcement Action for ‘Reason to Know, Including Awareness of a High Probability’ Violations

On July 28, the U.S. Department of Justice’s National Security Division and the Department of Commerce’s Bureau of Industry and Security (BIS) jointly announced resolutions of parallel criminal and administrative...more

Troutman Pepper Locke

DOJ Will Use Compulsory Legal Process to Compel Production of Information From News Media Following Recent Update to Policy

Troutman Pepper Locke on

On April 25, Attorney General (AG) Pam Bondi issued an internal memorandum to Department of Justice (DOJ) employees, changing the DOJ’s policy on obtaining information from, or records of, members of the news media. Under...more

Fenwick & West LLP

The Continued Retreat: Commerce Secretary Announces Section 232 Investigations into Pharmaceuticals and Semiconductors

Fenwick & West LLP on

Section 232 investigations determine whether the targeted U.S. imports threaten to impair U.S. national security. At the conclusion of a Section 232 investigation (which can last for up to 270 days), the President must...more

WilmerHale

President Trump Announces Three New Section 232 Investigations After Suspending Reciprocal Tariffs, Excluding Certain Electronics,...

WilmerHale on

The Trump Administration has formally launched three separate national security investigations under Section 232 of the Trade Expansion Act of 1962 including on: 1) imports of semiconductors (including downstream electronic...more

Holland & Knight LLP

Trump Administration Initiates Section 232 Investigation into Pharmaceuticals

Holland & Knight LLP on

The U.S. Department of Commerce announced that it has initiated a Trade Expansion Act of 1962 Section 232 investigation to determine whether imports of pharmaceutical products and ingredients pose a national security risk to...more

Benesch

New Section 232 Investigations of Copper and Timber - Background, Timeline, and Next Steps

Benesch on

The White House issued two recent Executive Orders and Fact Sheets directing the U.S. Department of Commerce (“Commerce”) to initiate investigations under Section 232 of the Trade Expansion Act of 1962 (each a “Section 232...more

Carlton Fields

President Trump Issues Executive Order Pausing Enforcement of FCPA: A Sea Change Moment for DOJ and SEC

Carlton Fields on

On February 10, 2025, President Trump issued Executive Order 14209, titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” with the stated purpose of eliminating...more

Latham & Watkins LLP

President Trump Issues Executive Order Pausing Foreign Corrupt Practices Act Enforcement at DOJ

Latham & Watkins LLP on

The order pauses new FCPA criminal cases, directs review of existing cases, and leaves open several questions, including implications for specific business sectors and civil enforcement....more

The Volkov Law Group

Life Sciences Company Escapes Criminal Charges for Employee’s Illegal Export Scheme

The Volkov Law Group on

Sigma-Aldrich, Inc., d/b/a MilliporeSigma (“MilliporeSigma”), a U.S. life sciences company based in Massachusetts, escaped criminal charges for export control violations, despite a former sales person’s scheme to illegally...more

King & Spalding

President Biden's Executive Order on AI - Legal Practice Snapshots

King & Spalding on

On October 30, 2023, President Biden published a landmark Executive Order regarding the use of Artificial Intelligence (“AI”) with an accompanying Fact Sheet, touching on the opportunities these systems present along with...more

Wiley Rein LLP

Justice Department Charges Think Tank Founder for Evading FARA, Acting as Unregistered Foreign Agent

Wiley Rein LLP on

On July 10, 2023, the U.S. Attorney’s office for the Southern District of New York announced the unsealing of an eight-count indictment against dual U.S.-Israeli citizen and Hunter Biden whistleblower Gal Luft, for allegedly...more

WilmerHale

China Launches Cybersecurity Review Against Micron

WilmerHale on

The Cyberspace Administration of China (“CAC”) in a brief statement on March 31, 2023 stated that it has launched a cybersecurity review of Micron’s products sold in China pursuant to the National Security Law (2015),...more

Torres Trade Law, PLLC

Federal Investigations within the Department of Homeland Security

Torres Trade Law, PLLC on

In the aftermath of 9/11, the U.S. Government created the Department of Homeland Security to carry out a broad range of national security functions. Today, DHS is widely known for overseeing both Immigrations and Customs...more

Dorsey & Whitney LLP

CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions

Dorsey & Whitney LLP on

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

Wiley Rein LLP

Commerce Launches Section 232 Investigation of Rare Earth Magnets, Seeks Comments

Wiley Rein LLP on

On September 24, 2021, the Department of Commerce announced that its Bureau of Industry and Security (BIS) is investigating whether imports of neodymium-ironboron (NdFeB) permanent magnets, or rare earth magnets, undermine...more

Akin Gump Strauss Hauer & Feld LLP

Section 232 National Security Investigation on NdFeB Permanent Magnets Initiated by Commerce

Key Points - The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021

WilmerHale on

The Congressional Oversight Commission released its 12th report on April 30. The report focuses on a $700 million loan to trucking company Yellow Corporation (formerly known as YRC Worldwide) under the CARES Act loan program...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional and Government Investigations in 2021: What to Expect from the Biden-Harris Administration and How to Prepare

As savvy investigators in Congress and the Biden-Harris Administration prepare for new and expanded government investigations, it is time for potential targets to assess and address their vulnerabilities. Investigators in...more

Holland & Knight LLP

Securing the U.S. Power Grid: President and Commerce Department Sound the Alarm

Holland & Knight LLP on

President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

Perkins Coie on

In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

BCLP

DOJ Issues Policy for Export Control and Sanctions Enforcement (IRB No. 580)

BCLP on

On December 13, 2019, the US Department of Justice (DOJ) issued an update to its 2016 guidance regarding enforcement in export control and sanctions investigations of businesses.  The updated policy now offers voluntary...more

Polsinelli

Top Three FARA Exemptions to Know

Polsinelli on

With the Department of Justice (“DOJ”) giving increased attention to Foreign Agent Registration Act (“FARA”) enforcement, companies that have international business operations or otherwise deal with foreign governments and...more

Faegre Drinker Biddle & Reath LLP

Important New Guidance for Companies Considering Voluntary Disclosures of Export Control and Sanctions Violations

On December 13, 2019, the U.S. Department of Justice’s National Security Division (NSD) issued important new policy guidance regarding voluntary disclosures of export control and sanctions laws violations. Among other things,...more

Polsinelli

Emerging Trend: DOJ Turns to Rarely Used FARA Statute in Recent Surge in Prosecutions

Polsinelli on

Earlier this year, the Assistant Attorney General for the National Security Division publicly confirmed the Department of Justice’s (“DOJ”) intention to make Foreign Agents Registration Act (“FARA”) a criminal enforcement...more

Hogan Lovells

Italian government acts to strengthen further its "golden powers"

Hogan Lovells on

On July 11, 2019, the Italian Government adopted Law Decree No. 64/2019 (DL 64/2019) which amends the law known as the "Golden Power Legislation" (Law Decree No. 21 of March 15, 2012, as subsequently amended) enshrining...more

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