Insights

In a business environment characterised by tremendous change and impact as a result of the new Trump Administration and the 119th Congress, it is crucial for U.K. businesses to stay informed about developments in the U.S. Crowell is focused on providing clients with timely and actionable insights that can help to inform forward-looking business priorities and strategies.

Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks.

On November 14, 2024, Rep. John Moolenaar (R-Mich.), chair of the House Select Committee on the Chinese Communist Party, introduced the Restoring Trade Fairness Act, seeking to suspend China’s Permanent Normal Trade Relations (“PNTR”) status.

Regardless of what happens in the U.S. elections on November 5, one theme is clear – protectionist policies in international trade are here to stay. To some extent, the key difference between the trade policies of a Harris administration and a second Trump Administration may be one of degree. Vice President Harris is expected to continue the more cautious, incremental approach to trade policy favored by the Biden Administration. A second Trump administration, on the other hand, is expected to pick up where it left off and aggressively use the trade tools at its disposal to try to reset and renegotiate trade relationships with many of the U.S.’s trading partners—particularly those countries with whom the U.S. has a trade deficit.

With a new President entering office in January 2025 and many key Tax Cuts and Jobs Act provisions expiring (TCJA) on December 31, 2025, both sides of the aisle are teeing up a massive effort to renew, extend, roll back, or make permanent various provisions of former President Trump’s signature tax bill and President Biden’s signature climate bill. Just about every business sector will be impacted by how Congress and the new administration approach TCJA and other tax issues. Here is a sneak peek into the top five issues our tax and policy experts expect to come up in that debate based on the campaign positions of Vice President Harris and former President Trump.

Health care issues remain among American voters’ top concerns heading into the 2024 general election, and former President Trump and Vice President Harris have starkly different approaches and records on the issue. In this client alert, part of our Election 2024 series, we analyze the candidates’ priorities in health care, or at least what we know of them. For all of the concern about health care in the electorate, both candidates have been criticized for not revealing enough detail about their respective plans.

To keep our clients informed about the proposed policies and announced platforms of the presidential candidates and the potential composition of the new Congress, Crowell is launching its Election 2024 series. The series will provide insight and analysis on what the election of Vice President Harris or former President Trump could mean for business, as well as explore what’s at stake in key state and congressional races. 

Momentum is building for the US BIOSECURE Act, and it is becoming more and more likely that it will soon become law. It may significantly impact pharmaceutical and biotechnology companies and supply chains, particularly if they or their customers do business with the U.S. Federal Government. It is therefore important to prepare now to avoid potentially serious adverse effects.

On November 8, 2023, the Senate Health, Education, Labor and Pensions (HELP) Committee Subcommittee on Primary Health and Retirement Security discussed the impact of artificial intelligence (AI) on the healthcare sector in the Committee’s second AI hearing in nine days. The hearing comes as the White House and Congressional leaders seek to quickly respond to AI threats, mitigate its dangers, and harness its potential for American industry. Senators discussed the recent Executive Order issued by the White House to guide AI regulation and innovation across all sectors, including in the health and human services sectors.

On October 30, 2023, President Biden released an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI).  This landmark EO seeks to advance the safe and secure development and deployment of AI by implementing a society-wide effort across government, the private sector, academia, and civil society to harness “AI for good,” while mitigating its substantial risks.

While not new, Congressional investigations have certainly been receiving increased press coverage in recent years, raising questions about their scope and potential risk for organizations and individuals. Congressional investigations have some similarities to other law enforcement and regulatory investigations, but are distinct in many respects. This alert will provide guidance about the unique nature of congressional investigations, and how to respond if you are the target of one.

A U.S. federal government shutdown creates a number of direct and indirect consequences that impact U.S. companies, individuals and virtually every aspect of the U.S. economy.  Although the federal government has experienced previous lapses in funding that have led to shutdowns of all or part of the federal government, the current funding impasse and impending shutdown raise a number of unique and unprecedented questions for government workers, government contractors and businesses, and the public at large.

On Tuesday, September 12, a key subcommittee of the Senate Judiciary Committee held a hearing entitled “Oversight of AI: Legislating on Artificial Intelligence” the day before the Senate’s first AI forum.

Last week, Ranking Member Bill Cassidy (R-LA) of the Senate Committee on Health, Education, Labor and Pensions (“HELP”) issued two separate requests for information (“RFIs”) asking for stakeholder feedback on artificial intelligence (“AI”) and health data privacy policy issues to identify current challenges and receive recommendations to inform potential legislation.  With deadlines set for the end of September, each RFI provides a short window for organizations to submit comments.

On July 25, 2023, the Senate Judiciary Committee held its fifth hearing this year on artificial intelligence (AI). This is the second hearing held by the Subcommittee on Privacy, Technology, and the Law, and it highlighted the “bipartisan unanimity” in regulating AI technology.

In an unconventional opening to the normally staid proceedings of the United States Senate, the voice of Frank Sinatra introduced the July 12, 2023 Senate Judiciary Subcommittee hearing on artificial intelligence (AI) and intellectual property. More accurately, an AI-generated version of Frank Sinatra’s voice sang about regulating AI to the tune of New York, New York, which Senator Chris Coons (D-DE), Chairman of the Senate Judiciary Subcommittee on Intellectual Property, used to illustrate both the possibilities and the risks of the use of AI in creative industries.

On June 21, 2023, Senate Majority Leader Charles (“Chuck”) Schumer (D-NY) released a broad policy framework, the SAFE Innovation Framework for Artificial Intelligence (AI) Policy (“the Framework”), to help guide Congress in developing future AI legislation. The Framework emphasizes the importance of maintaining national security, combatting misinformation, protecting intellectual property, and developing transparency requirements for AI systems developers. While the Framework is Senator Schumer’s work product, he’s already started searching for allies in his own party and across the aisle. Leader Schumer has convened a bipartisan working group that includes Senators Martin Heinrich (D-NM), Michael Rounds (R-SD), and Todd Young (R-IN) to consider future AI legislation. They haven’t specifically endorsed Schumer’s framework, but they’ve committed to working with him on the issue. As they look to put an AI bill together, Schumer’s office will be looking to Senate Committees as a major source for legislative language.  

In a packed Dirksen Senate Office Building committee room, Senator Jon Ossoff (D-GA) presided over a June 13 hearing examining artificial intelligence (AI) and its potentially “profound implications” for civil rights, criminal justice, democratic processes, and privacy rights.

On June 7, 2023, the U.S. Senate Committee on the Judiciary, Subcommittee on Intellectual Property hosted a hearing titled “Artificial Intelligence and Intellectual Property – Part I: Patents, Innovation, and Competition.” It’s clear the Judiciary Committee is going to play an active role in the debate on how to regulate artificial intelligence (AI), with many more hearings to come, as this hearing came shortly after the Judiciary Subcommittee on Privacy, Technology, and the Law held a hearing on “Oversight of A.I.: Rules for Artificial Intelligence.”