Insights

Washington – July 20, 2021: Crowell & Moring’s International Dispute Resolution Group has been included in the 14th edition of Global Arbitration Review's GAR 100, a guide to the top 100 law firms with international arbitration capabilities. GAR is one of the leading journals of public and private arbitration.

Washington – August 20, 2020: The 2021 edition of The Best Lawyers in America® has named two Crowell & Moring lawyers – Laura A. Foggan and Paul W. Mourning– as a "Lawyer of the Year" in their respective categories and regions. The publication also recognized 46 firm lawyers as "Best Lawyers" and nine lawyers as “Ones to Watch.”

Washington – November 5, 2019: Crowell & Moring’s White Collar & Regulatory Enforcement Group has been named to the Global Investigation Review’s 2019 “GIR 100” list, which honors the world’s leading firms for corporate investigations. This marks the fifth consecutive year that the firm has been recognized for this honor.

On October 20, 2022, the Committee on Foreign Investment in the U.S. (CFIUS) adopted long-awaited CFIUS Enforcement and Penalty Guidelines (the “Guidelines”) identifying how it will review and consider three categories of non-compliances that may be subject to penalties:

Two new rules announced by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) strive to severely inhibit China’s progress in indigenously producing advanced semiconductors. Although advanced semiconductors are widely used for commercial applications, BIS cited serious concerns regarding China’s use of the technology for WMD and military applications, and enabling human rights violations or abuses. BIS' announcement follows remarks in September by the U.S. National Security Advisor signaling a shift in the U.S. export control strategy from one of maintaining a “relative” advantage over competitors in certain key technologies, to maintaining “as large a lead as possible.” It remains to be seen if U.S. allies key to the semiconductor supply chain will impose similar export restrictions on transfers to China. Following the announcement of the rules, BIS officials have underscored the importance of multilateral adoption of the new currently unilateral controls, describing engagement with allies as a “priority” for BIS.

On September 15, 2022, the Biden Administration issued a new executive order (“EO”) and accompanying fact sheet, designed to sharpen the current U.S. foreign investment screening process as administered by the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). [1] This EO is the first to specifically identify certain additional national security factors for CFIUS to consider when evaluating transactions involving foreign investors. 

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) recently issued long-promised written guidance on the U.S. Foreign Corrupt Practices Act (FCPA), in a 120-page publication entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “FCPA Guide”). The FCPA, the first of a growing number of statutes throughout the world that prohibit companies from making improper payments to foreign government officials to obtain or retain business, presents a major risk for any government contractors in the international market place. According to DOJ and the SEC, the FCPA Guide aims to “provide helpful information to enterprises of all shapes and sizes – from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world.”

Technology companies have global business models that present unique opportunities and risks.  Our team of international trade attorneys and policy advisors will address how technology companies can successfully navigate the increasingly complex maze of international regulations and agreements, including : 

John Brew, Alan Gourley and Laurent Ruessmann will speak on "Avoiding Anti-Corruption Violations during Customs Transactions." The 7th edition of the Forum offers useful guidance to compliance executives, in-house counsel and others concerned with minimizing importation duties, accelerating customs clearance and optimizing trade compliance operations.

Please click here for a copy of the presentation. Will it be more of the same for government contractors in 2016 -- increased oversight, intense competition, new regulations, and consolidation? Join the Crowell & Moring team on Thursday, January 14 at 1:00 pm Eastern to find out. Our attorneys will discuss likely trends for the coming year on a variety of topics including cost, commercial items, update on Executive Orders, investigations, compliance, suspension/debarment, GSA and VA schedules, mergers & acquisitions, small business, procurement fraud and so much more.

As globalization pushes forward, the potential rewards – from trade, from expansion, from partnerships – have multiplied along with the risks. As a result, companies doing business nationally and internationally are facing a variety of issues affecting their bottom line. Should you expect anything different in 2015?

Tight budgets, increased oversight, new executive orders, complex regulatory environment, and intense competition remain atop the list of issues facing government contractors. Should you expect anything different in 2015? On Wednesday, January 7 at 1:00 pm Eastern, our Crowell & Moring team will discuss predictions for the coming year. Topics will include likely trends and issues in costs, disputes, cybersecurity, balance of power between Congress and the Executive Branch, procurement fraud, bid protests, suspension and debarment, data rights, mergers & acquisitions, international issues, labor and employment, small business, and a whole lot more.