Follow Up: White House Expands Invocation of Defense Production Act Authorities as Part of COVID Response
Client Alert | 2 min read | 03.30.20
On March 27, 2020, the President signed an “Executive Order on Delegating Additional Authority Under the DPA with Respect to Health and Medical Resources to Respond to the Spread of COVID-19.” The new EO delegates significant additional authorities under the Defense Production Act of 1950 (DPA) to the Department of Health and Human Services (HHS) and Department of Homeland Security (DHS), and builds on Executive Order (EO) Nos. 13909, issued March 18, 2020, which we discussed here, and 13910, issued March 23, 2020, which we discussed here. The new EO delegates:
- To HHS and DHS, authority under Title III to respond to the spread of COVID-19 through means including restricted contract solicitations, stockpiling, and the provision of various incentives, such as loans to private businesses, purchase commitments, and contracts for the development of production capabilities. Because the authorities are delegated pursuant to the President’s novel coronavirus pandemic national emergency declaration, the new EO waives requirements for certain presidential findings before implementing these incentives.
- To HHS and DHS, authority under Title VII to submit certain voluntary agreements or plans of action to the President for approval. These voluntary agreements or plans of action would be with and among private industry who are combining efforts to combat the pandemic under exemption from specified anti-trust laws.
- To DHS (after consultation with HHS and other appropriate federal agencies), authority under Title I to allocate health and medical resources, including controlling distribution of such material and services in the civilian market, apparently in response to concerns that states and localities are now competing for scarce medical resources. DHS now joins HHS and the Departments of Agriculture, Energy, Transportation, and Commerce with delegated prioritization and allocation authority, and Commerce re-delegated ordering authority to the Departments of Defense, Energy, Homeland Security (through FEMA), and the General Services Agency.
Insights
Client Alert | 5 min read | 09.03.25
If You’re Not First, You’re Last: Federal Circuit’s First Review of an AIA Derivation Proceeding
Nearly a decade and a half after the passage of the Leahy-Smith America Invents Act (“AIA”), the Federal Circuit finally had its first occasion to review an appeal of a derivation proceeding that was litigated before the Patent Trial and Appeal Board (“Board”) in Global Health Solutions LLC v. Selner. This case provides helpful guidance for patent litigators regarding the proper legal framework in a derivation proceeding and serves as a reminder that patent applications should be filed as soon as possible. As the facts of this case show, it is important that inventors retain documents and other evidence of the conception of their invention, as well as its communication to others, should there be any challenge to their invention.
Client Alert | 2 min read | 09.03.25
Client Alert | 6 min read | 09.02.25
Landmark Proposed Rule May Open American Skies to Expanded Commercial Drone Deployments
Client Alert | 6 min read | 09.01.25
Facing the Fraud Challenge: How UK Charities Must Adapt to the New Failure to Prevent Fraud Offence