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Webinar: The REPO Act – Political and Legal Impacts for International Businesses

Congress recently passed the Rebuilding Prosperity and Opportunity for Ukrainians (“REPO”) Act, bipartisan legislation authorizing the Administration to seize billions of dollars in Russian sovereign assets to fund Ukraine reconstruction and aid. The legislation raises issues that could have political and legal consequences – for companies and individuals. Join members of the firm’s Policy and … Continue Reading

Live Event:  Avoiding Litigation and Navigating Regulatory Challenges Amid Growing Privacy, Cybersecurity and Artificial Intelligence Scrutiny

Join subject matter experts across policy, litigation, and regulation for an engaging discussion around privacy, cybersecurity, and AI.  This live event will be in our Washington DC office and will include perspectives from in-house leaders, a former FBI agent, an incident response forensic expert, world-class public policy experts, and our privacy and cybersecurity professionals.  The … Continue Reading

Pandemic Watchdogs Could Soon Get a Bigger Bite

There has been no shortage of news this month, so it is understandable that a major presidential proposal garnered relatively little attention at the time.  On March 2, the President proposed a sweeping pandemic anti-fraud initiative that is designed to give key oversight bodies additional tools to investigate and prosecute those who defraud the pandemic … Continue Reading

Does the Recent Attempt by Congressional GOP to Overturn Labor ESG Rule Portend Congressional Scrutiny of Progressive Corporate Policies?

Our colleagues at Capital Thinking have been monitoring this week’s veto by President Biden of a Republican-led effort to overturn a Department of Labor rule on environmental, social, and governance (ESG) guidelines for retirement accounts.  Given the topic, and how it may potentially lead to House and Senate investigations on ESG initiatives or other corporate initiatives, … Continue Reading

Congressional Scrutiny of ‘Big Tech’ Builds on Bipartisan China Focus

About this time last year, we offered some insight on Economic Espionage and Theft of Trade Secrets, which included a primer on economic espionage, case examples, and avoidance strategies.  We observed that “[w]hile the Office of the Director of National Intelligence has identified China, Russia, and Iran as the three states most capable of committing … Continue Reading

Congress Continues to Expand Bank Secrecy Act Whistleblower Program

The Consolidated Appropriations Act, 2023 amended the Bank Secrecy Act’s whistleblower provisions, setting a floor on the monetary award a whistleblower may receive, allowing whistleblowers to receive awards relating to successful enforcement of certain economic sanctions statutes such as the International Emergency Economic Powers Act, and establishing a fund from which to pay whistleblowers.  Following … Continue Reading

Analysis of Expected and Recent Developments in Congressional Oversight & Investigations in the 118th Congress

This month, the 118th Congress convened in Washington, D.C., ushering in a return to divided government. Republicans now hold a narrow majority in the House of Representatives, while Democrats have retained their slim Senate majority. With few opportunities likely for bipartisan compromise, Congress is expected to engage in more frequent and more partisan congressional investigations. … Continue Reading

Corporate Transparency Act – FinCEN Issues Final Rule for Beneficial Ownership Reporting

We recently shared an alert covering The National Defense Authorization Act for Fiscal Year 2021 (NDAA), which became law on January 1, 2021. The NDAA included significant reforms to the U.S. anti-money laundering and countering the financing of terrorism regime. Division F of the NDAA consists of the Anti-Money Laundering Act of 2020, which includes … Continue Reading

FinCEN Requests Public Comments on Potential No-Action Letter Process

Thanks to our Summer Associate, Apollo Yong, for his work on this timely blog. On June 6, 2022, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, issued an Advanced Notice of Proposed Rulemaking (“ANPRM”), requesting public comment on questions related to FinCEN’s implementation of a no-action letter process.[1] … Continue Reading

How to Survive a Congressional Investigation

Learn from the experts how you and your organization can navigate a congressional investigation from start to finish.  Our webinar on Wednesday, December 18, will help you understand the basics of a congressional investigation and what is required to avoid irreparable harm to business or reputation. Margaret Daum, partner and former Staff Director at the US Senate Committee … Continue Reading

Congress Seeks Reform of Red Notice Abuse

A Red Notice allows for detention of an international fugitive. But the practice has been criticized for abuse. In response, a bipartisan group of Congresspersons have introduced the Transnational Repression Accountability and Prevention Act (“the TRAP Act”). This reform legislation, if enacted, will affect politically-motivated Red Notices and enforcement of them around the world.… Continue Reading

Bipartisan Banking Committee Senators Introduce Anti-Money Laundering Reform Bill

On September 26, 2019, a bipartisan group of eight Senators introduced the Illicit Cash Act[1], which, among other proposed reforms, would require certain companies to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN) at incorporation and within 90 days of any change in beneficial ownership. Led by Sen. Mark Warner (D-VA), co-sponsors … Continue Reading

U.S. and U.K. Ease Data Collection Across Borders

Saying it will accelerate complex investigations, the United States and the United Kingdom proposed an historic data exchange agreement. In future, each government will be able to obtain electronic data directly from technology companies in the other country. The governments also say this first of its kind agreement will protect privacy and enhance civil liberties.… Continue Reading

CLOUD Act is Now Law

Buried on page 2,201 of the 2,232-page 2018 Omnibus Spending Bill, the CLOUD Act was signed into law on March 23, 2018. The bill allows U.S. law enforcement to obtain U.S. citizens’ private data from servers anywhere in the world, provided that an agreement exists with that country on data sharing. However, the CLOUD Act … Continue Reading

The CLOUD Act, Bridging the Gap between Technology and the Law

Part I: Background During the era when the Sony Walkman birthed the personal audio revolution, Nintendo Entertainment Systems appeared on American shores, and Gordon Gekko made wireless phone calls on his chunky mobile phone, the 99th United States Congress passed the Stored Communications Act (SCA). Enacted in 1986, the SCA governs U.S. authority to compel … Continue Reading
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