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  • President Trump Invoked the Defense Production Act: What Are the Implications?
    03.18/Alert

    Earlier today, President Trump invoked the Defense Production Act, codified at 50 U.S.C. §§ 4501 et seq., in response to the COVID-19 pandemic. The Act’s implementing regulations, found at 15 C.F.R. §§ 700.1 et. seq., promulgate the Defense Priorities and Allocations System (DPAS). Congress enacted the Act in 1950 to address the short supply of essential goods during the Korean War. The Act allows the federal government to require domestic industries to provide essential goods and services needed for the national defense.

  • COVID-19 Emergency Funding and Tax Relief: Assessing Federal Opportunities
    03.11/Alert

    One thing is certain about how Washington policymakers will respond to the coronavirus (COVID-19) outbreak: there will be spending, both in the form of tax relief and through direct federal funding.

  • Pillsbury's Post-Election Outlook
    11.07/Alert

    The 2018 Midterm Election played out as most poll forecasters speculated. Although several races have yet to be decided, Republicans have retained control of the Senate, but lost at least 29 seats, allowing the Democrats to wrest back control of the House for the first time since 2010.

  • 2018 Election Night Guide
    11.02/Article

    Pillsbury’s Political Law and Public Policy groups break down the need-to-know numbers for this year’s election. Pillsbury’s biennial Election Night Guide examines the potential outcomes for the 2018 Congressional and Governor’s races. Our Public Policy team is also preparing a post-election guide that will be useful in navigating potential changes in Congress.

  • President Trump Signs FY 2019 NDAA
    08.14/Alert

    On August 13, 2018, President Trump signed the Fiscal Year 2019 National Defense Authorization Act (2019 NDAA), which includes $616.9 billion for the Department of Defense’s (DoD) base budget, $69 billion for overseas contingency operations funding, $8.9 billion for mandatory defense spending and $21.9 billion for nuclear weapons programs under the Department of Energy. We have written extensively on numerous provisions of this new law.

  • The U.S. Supreme Court Changes Sales and Use Tax Collection Nexus
    06.22/Alert

    In South Dakota v. Wayfair, Inc., the Court overrules the “physical presence” requirement as “unsound and incorrect”

  • Impacts of the Omnibus Spending Plan on the Affordable Housing Industry
    05.07/Alert

    Trump’s Omnibus Spending Plan adopts two key provisions from the proposed Affordable Housing Credit Improvement Act that will strengthen and expand low-income housing credit.

  • Trump Administration Considering Use of IEEPA To Restrict U.S. Technology Transfer to China
    04.12/Blog

    Reports suggest that the Trump Administration may declare an emergency under the International Emergency Economic Powers Act to grant the CFIUS authority to review technology transfer transactions even where there is no transfer of “control.”

  • Spring 2018 CFIUS Briefing
    04.10/Alert

    How can parties help CFIUS say “yes?” The key is to begin with the data, identify problems early, and be proactive.

  • 2018 Spending Plan Boosts Funding for Affordable Housing
    04.10/Blog

    A $1.3 trillion spending package that includes a 12.5% increase in low-income housing tax credit allocations over the next four years is welcome news to affordable housing developers who have been facing funding gaps.

  • Gas Regulation 2018: United States
    3.30/Article

    Need an update on the state of the natural gas sector in the United States? This recently published article has you covered.

  • Trump Administration Takes Action Following Section 301 Investigation
    03.23/Blog

    President Trump’s latest directives regarding the USTR’s Section 301 investigation into China has wide-ranging implications for in-bound Chinese investment. Here’s what you need to know.

  • Recent and Upcoming Changes to 401(k) Plans
    03.08/Alert

    The rules governing 401(k) plans are steadily evolving. Both the Tax Cuts and Jobs Act (the Act) and the Bipartisan Budget Act of 2018 (the Budget) contain a number of changes to the 401(k) plan rules.

  • Administration Issues “Legislative Outline for Rebuilding Infrastructure in America”
    02.22/Blog

    The Trump Administration's legislative proposal to rebuild American infrastructure identifies a number of specific laws that will require amendments. Here is a brief review of some of the plans many provisions.

  • Key Tax Reform Issues for Nonprofit Membership Organizations/Associations
    01.16/Alert

    While associations won't face the harshest proposals, several features of the Tax Cuts and Jobs Act will have a negative impact on tax-exempt membership organizations.

  • Status of the Iran Nuclear Deal and New Sanctions Designations
    01.12/Blog

    In a statement, President Trump warned European allies that unless they fix these four flaws in the Iran nuclear deal, the U.S. intends to withdraw from it. 

  • U.S. Targets Human Rights Abusers and Corrupt Actors Worldwide – Key Takeaways from the Potent New Sanctions
    01.10/Blog

    Executive Order 13818 authorizes the imposition of sanctions on individuals worldwide connected with “serious human rights abuse,” corruption, or “the transfer or the facilitation of the transfer of the proceeds of corruption.” Here is what businesses need to know.

  • Five Things Employers Should Know about Tax Reform
    01.04/Alert

    The final Tax Cuts and Jobs Act will require employers to address a number of  changes to equity compensation and employee benefits laws. Here are five major ones.

  • The Impact of the Tax Cuts and Jobs Act on LIHTC Investments
    01.03/Alert

    With the Tax Cuts and Jobs Act signed into law, investors in low income housing tax credit projects should take note of a few important changes.

  • Historic Estate Planning Opportunities from Tax Reform
    12.28/Alert

    How can your estate planning efforts take advantage of the new tax law? Here are some beneficial changes.

  • Last Minute Tax Change Benefits Commercial Real Estate
    12.18/Blog

    A last-minute change to the Tax Cuts and Jobs Act could be particularly beneficial to certain commercial property owners with few employees and leveraged capital investments.

  • Five Things to Know about the Tax Cuts and Jobs Act
    12.04/Alert

    As the House and Senate head to conference regarding the final tax bill, every business should pay particular attention to how these five issues are handled.

  • The Trump Administration’s First Steps Toward Streamlining Environmental Reviews
    12.05/Article

    An August Executive Order aims to fast-track federal review of infrastructure projects, including a streamlined environmental review process of projects deemed “high-priority.” Recent actions taken by the Council on Environmental Quality and the U.S. Department of the Interior indicate what that might look like.

  • The Trump Administration Gets Its Man at the CFPB
    11.29/Alert

    President Trump’s appointment of Mick Mulvaney as Acting Director has clear implications for the future of the CFPB.

  • Estate Planning Under the Tax Cuts and Jobs Act
    11.28/Alert

    The Tax Cuts Jobs Act passed by the House will almost certainly be amended in the Senate but, as currently drafted, the legislation will dramatically change the estate and gift tax regime in United States.

  • Reaching for a Rarely Used Tool to Probe China IP Practices
    11.14/Blog

    President Trump has repeatedly express concern about China's trade practices, most notably its technology transfer requirements. Now the U.S. Trade Representative is employing a rarely used tool to investigate.

  • U.S. Government Agencies Publish Changes to Cuba Sanctions Program Pursuant to President Trump’s Policy Announcement
    11.08/Blog

    The U.S. government has announced a number of changes to its sanctions program in Cuba, adjusting some of the broader reforms initiated during the previous administration.

  • U.S. DOT Releases Draft Strategic Plan Beginning Implementation of Trump Administration’s Executive Order on Project Streamlining
    10.27/Blog

    The U.S. Department of Transportation (DOT) has released a draft Strategic Plan that establishes goals for increasing investment and streamlining environmental review and approval of transportation infrastructure projects over the next five years. The draft Plan is DOT’s first formal action in response to the Administration’s Executive Order on streamlining. Although it identifies needs and objectives it provides few specifics.

  • Council on Environmental Quality Takes First Step to Implement Trump Executive Order on Streamlining Federal Environmental Reviews
    09.25/Blog

    The Council on Environmental Quality (CEQ), which oversees federal agency compliance with the National Environmental Policy Act, has announced a list of planned actions to implement President Trump’s Executive Order on streamlining federal environmental reviews. While the Order and CEQ notice have launched a process that could transform federal environmental reviews and approvals, they provide few specifics, and their impact remains to be seen.

  • President Trump Issues Executive Order Blocking Proposed Acquisition of Lattice Semiconductor
    09.13/Blog

    For only the fourth time in 30 years, the President blocked the proposed acquisition of a U.S. company following a review by the Committee on Foreign Investment in the United States (CFIUS). The alert explains the reasoning behind the Executive Order that prevented a Chinese consortium from acquiring a U.S. semiconductor company at a time when concerns about Chinese investment in the United States are growing.

  • New Executive Order Imposes Further Sanctions on Venezuela
    08.25/Blog

    On August 25, President Trump issued an Executive Order providing for sanctions against the Government of Venezuela targeting certain long-term financial transactions, similar to existing sanctions on the Russian petroleum sector. The Order does not restrict imports or exports of oil, and the Treasury Department’s Office of Foreign Assets Control issued several general licenses that provide for specific permitted activities.

  • Time Will Tell If Trump Infrastructure Executive Order Shortens Federal Reviews
    08.22/Alert

    On August 15, President Trump issued an Executive Order that seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. Key provisions create a two-year deadline for completing review and issuing authorizations.

  • Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses
    08.14/Blog

    False stories, whether created for fun, mischief or money, quickly become a nuisance to businesses trying to protect their brands and maintain their reputations. Although businesses injured by fake news stories may find refuge in existing laws, Section 230 of the Communications Decency Act (CDA) presents a significant barrier by protecting providers and users of interactive computer services from liability as publishers of information provided by third parties.

  • Three Birds with One Stone: New Russia, North Korea and Iran Sanctions
    08.11/Blog

    On August 2, 2017, President Trump signed into law the Countering America’s Adversaries Through Sanctions Act (CAATSA), strengthening U.S. sanctions on Russia, North Korea and Iran. The new sanctions could have far-reaching implications for companies and investors, although it remains unclear how vigorously they sanctions will be implemented, particularly for Russia.

  • A Message to China? New U.S. Sanctions and AML Measures for North Korea
    06.30/Blog

    In June 2017, the U.S. Treasury Department announced sanctions designations and anti-money laundering measures against Chinese entities engaged in business with North Korea. The actions may be intended to send a political message.

  • How Companies Can Take Advantage of President Trump’s Plan to Roll Back Federal Energy Regulation
    05.10/Audio

    President Trump’s March 28 Executive Order requires every federal agency and Department to identify and potentially suspend, rescind, or relax federal regulations, policies, prior agency orders and guidelines that impede U.S. energy development or use. In this roundtable discussion, Sheila Harvey, Jeffrey Merrifield, Matthew Morrison and Andrew Weissman examine the implications of the Executive Order and how it could affect businesses in 2017 and beyond.
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  • DC Lawyer: Trump Executive Order ‘Literally Applies to Everything’ the Federal Government Does with Energy Development
    04.07/Video

    Washington, DC Energy senior counsel Andrew Weissman told The Washington Post that legal professionals and industry experts, among others, are just beginning to grasp the scope of the March 28 order. According to Weissman, the order has far-reaching effects on “almost every environmental regulation that affects energy in any way,” in addition to non-environmental regulations.

  • How Does a Freeze in Federal Hiring Affect Patent Examination Timelines?
    03.13/Blog

    While such a hiring freeze may not have an immediate impact on patent application pendency and/or examination quality, due to the relatively high attrition rate of the patent examining corps, the examination timeline and quality may be affected in the future. In particular, technologies having greater upfront value, including internet-based technologies and platforms, and clients relying on patent portfolios for valuation will be most acutely impacted

  • “Buy American, Hire American”—From Rhetoric to Regulation
    02.08/Alert

    “We will follow two simple rules: buy American and hire American.” While world leaders are pondering what these words from President Trump’s Inaugural Address mean for international trade, a different question looms for U.S. Government contractors—what is on the horizon as far as the Buy American Act and similar protectionist regulations?