Ten years ago, international companies typically needed to monitor national security developments only if they were doing business with a U.S. government agency or operating in higher risk jurisdictions or sectors such as military or dual-use goods. Over the past decade, however, Western governments—led by the United States—have expanded the use of sanctions, export controls, import restrictions and investment laws to more jurisdictions and more sectors, requiring nearly every multinational company to be attuned to and anticipate developments in these laws and regulations, including those seeking to prevent espionage, theft of trade secrets, cyber attacks and other similar threats.
In addition, the governments of nations such as Russia and China have enacted an array of sanctions, export and other control measures, which can subject multinational companies to highly challenging situations with conflicting sanctions regimes. In this environment, companies and financial institutions must address a range of national security risks and considerations when establishing or executing their business operations, legal decision-making and compliance programs.
In this podcast, former federal prosecutors Sharon Cohen Levin, Nicky Friedlander, Tony Lewis and Amanda Houle discuss major developments in national security enforcement, including the Department of Justice’s increased focus on this area. Sharon led the Money Laundering and Asset Forfeiture Unit in the U.S. Attorney’s Office for the Southern District of New York for two decades; Nicky is a former Chief of the Complex Frauds and Cybercrime Unit in the U.S. Attorney’s Office for the Southern District of New York; Tony was the Deputy Chief of the Terrorism and Export Crimes Section in the U.S. Attorney’s Office for the Central District of California; and Amanda was Co-Chief of the National Security & International Narcotics Unit in the U.S. Attorney’s Office for the Southern District of New York.
An Update on the FTC’s Non-Compete Rule
A Discussion of Non-Compete Agreements and Their Enforceability
Major Developments in National Security Enforcement, Part Three
Major Developments in National Security Enforcement, Part Two
Enforcement Actions Related to Alleged Impairment of Whistleblower Activity and New Whistleblower Programs
ESG Considerations for Financial Institutions in 2024
2023 Headwinds in M&A and Outlook for 2024
Corporate Governance: What to Expect in 2024
Employment and Contracting Litigation After the Supreme Court’s Affirmative Action Decision
The Australian-American Partnership to Address Climate Change
How the DOJ’s and FTC’s Draft Merger Guidelines May Affect M&A
Supreme Court’s Recent Polansky Decision on the False Claims Act
Recent Developments with SEC’s Whistleblowing Program
Carve-Out Transactions in Europe: Key Considerations and Recent Experiences
Supreme Court’s Recent Slack Technologies Decision
U.S. Clean Energy Tax Credits: Where We Are and Where We Are Going
Pharmaceutical Deal Outlook: U.S. and European Perspectives
Implications of EU Court of Justice Judgment in the Fiat Case for Future State Aid Investigations
The Impact of COVID-19 on Consumer and Retail M&A
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