Los Angeles partner Dhananjay Manthripragada is the author of “COFC Dismissal of Boeing’s Challenge to the Application of FAR 30.606 to its Contracts Yet Again Leaves Unresolved the Issue of Combining the Cost Impact of Multiple Changes in Cost Accounting Practice” [PDF] published by The Government Contractor on November 9, 2022.
London partner Selina Sagayam is the author of “FRC report: challenge for businesses on net zero” [PDF] published by Thomson Reuters Regulatory Intelligence on November 14, 2022.
Los Angeles partner Michael Farhang is the co-author of “Flagging FCPA Misconduct in Virtual Work Environments” [PDF], along with Jeannine Lemker, published by The Review of Securities & Commodities Regulation on October 26, 2022.
Los Angeles partner Maurice Suh and associate Jeremy Smith are the authors of “Standing Requirements in California Law” [PDF] published by Los Angeles Lawyer in its November 2022 issue.
Hong Kong partners Brian Gilchrist and Elaine Chen and of counsel Alex Wong are the authors of “Handling tax disputes in Hong Kong – ‘pay first, argue later’” [PDF] published by Financier Worldwide in November 2022.
Frankfurt partner Georg Weidenbach, Munich partner Kai Gesing and Frankfurt associate Jan Vollkammer are the authors of “German Draft Bill Reflects Trend Toward New Antitrust Tools” [PDF] published by Law360 on October 19, 2022.
Denver partner Monica Loseman and associate Timothy Zimmerman and Washington, D.C. of counsel David Ware are the authors of “How Much Information Should Cos. Share With Auditors” [PDF] published by Law360 on October 13, 2022.
Nicholas Venable, a recent law graduate in the firm’s Denver office, assisted in the preparation of this article.
London associate Rose Naing is the author of “Provisional Measures in Investment Treaty Arbitration: Protecting the Playing Field” [PDF] published by Corporate Disputes Magazine in its October-December 2022 issue.
Orange County partner Blaine Evanson is the author of “The 2022 Term Was a Mixed Bag for Arbitration” [PDF] published by Orange County Lawyer in its October 2022 issue.
Orange County partner Blaine Evanson is the author of “The Roberts Court’s Continued Protection of Religious Liberty” [PDF] published by Orange County Lawyer in its October 2022 issue.
London partner Susy Bullock and associate Jonathan Cockfield are the authors of “ESG ratings: key considerations for stakeholders” [PDF] published by Financier Worldwide in its October 2022 issue.
Dallas partner Andrew LeGrand, Washington, D.C. partner Lindsay Paulin, and Denver associate Reid Rector are the authors of “Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations” [PDF] published by The Texas Lawbook on September 12, 2022.
Washington, D.C. partners Jonathan Phillips and Joseph West and Dallas partner Robert Walters also contributed to the article.
Recent actions by the U.S. government make clear that it views strategic competition surrounding emerging technologies as an urgent national security imperative.
This focus likely will only sharpen in coming months as the government increasingly explores novel legal and regulatory tools to supplement more traditional approaches to achieve national security objectives.
Key recent developments include:
- Legislative proposals to screen outbound investments;
- Funding restrictions designed to curtail expansion of semiconductor manufacturing abroad;
- White House consideration of using executive orders to protect technology competitiveness and restrict technology transfers; and
- The increasing use of export control restrictions.
Each of these developments is intended to enable the U.S. government to exert more control over outbound technology transfers, particularly aimed at curbing the potential flow of sensitive technologies or technologies of significant importance to U.S. national security to strategic competitors such as China and Russia.
While uncertainty remains over the precise mechanisms the government will leverage to achieve its national security objectives, it is increasingly clear that the government will supplement its traditional toolkit with innovative tools to do so.
Given this evolving landscape, companies should carefully consider their potential exposure and proactively assess their approaches to navigating geopolitical strategic competition.
Originally published by Law360, © 2022, Portfolio Media Inc., September 19, 2022. Reprinted with permission.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding these developments. Please contact the Gibson Dunn lawyer with whom you usually work, any member of the firm’s International Trade practice group, or the authors:
Stephenie Gosnell Handler – Washington, D.C. (+1 202-955-8510, [email protected])
Chris R. Mullen – Washington, D.C. (+1 202-955-8250, [email protected])
Claire Yi – Washington, D.C. (+1 202-887-3644, [email protected])
Washington, D.C. partner Judith Alison Lee is the author of “Collateral damage – US sanctions target the secondary market in Russian stocks and bonds” [PDF] published by Financier Worldwide in its September 2022 issue.
Los Angeles partner Perlette Jura and of counsel Miguel Loza Jr. are the authors of “United States: Enforcement of Judgments in Civil and Commercial Matters” [PDF] published by The Legal 500 in August 2022.
Brussels partner Lena Sandberg and associate Yannis Ioannidis, “Proposed Foreign Subsidy Regulation Has Political Overtones,” [PDF] published by Law360 on August 23, 2022.
Los Angeles partner Debra Wong Yang is the author of “How I Owned My Power As An Asian American Woman In Law,” [PDF] published by Law360 on August 22, 2022. In the article, Yang shares the obstacles she’s had to overcome as an Asian American Woman in the legal industry with the goal of inspiring other AAPI women attorneys and women attorneys of color to find their voice and power in the legal industry.
Washington, D.C. partner Svetlana Gans and Denver associate Natalie Hausknecht are the authors of “FTC Launches Commercial Surveillance Rulemaking,” [PDF] published by Truth on the Market on August 17, 2022.
Denver partner John Partridge, Washington, D.C. partner Jonathan Phillips, and Denver associate Allison Chapin are the authors of “Anti-Kickback Circuit Split Holds Implications For Defendants” [PDF] published by Law360 on August 11, 2022.
Frankfurt partner Finn Zeidler, associate Annekathrin Schmoll and law clerk Vanessa Ludwig are the authors of “Germany Lifted Its Foreign Discovery Ban, But Hurdles Persist,” [PDF] published by Law360 on August 10, 2022.