Firm Launches US Executive Actions Monitor

By Capital Thinking on March 19, 2025 Posted in SPB Global Public Policy Thought Leadership, US Executive Branch

The South Portico of the White House at Christmas. This Neoclassical, Palladian house is the principle residence of the President of the US

Squire Patton Boggs has launched its US Executive Actions Monitor, a site dedicated to tracking executive actions issued by President Donald Trump since taking office.

We offer an overview of all executive orders, providing summaries and analysis of their potential impacts, covering issues from economic and foreign policy to government reform and taxation. Our lawyers and policy professionals will continue to analyze Trump’s executive actions, providing ongoing updates as some of the directed actions may present significant constitutional questions that could be litigated and subsequently overturned or blocked.

As one of the world’s strongest integrated law firms, providing insight at the point where law, business and government meet, our analysis is guided by the skills and resources of both our public policy team and lawyers. This combined legal and policy perspective guides our analysis of Trump’s actions and how they will impact the shape of our nation and the world.

The EU’s Foremost Economic Retaliation Device – The Anti-Coercion Instrument

By José María Viñals and Wolfgang Maschek on February 19, 2025 Posted in Europe, International Trade Policy

Under the leadership of President Trump, the US has adopted a new trade policy that may lead to the adoption of trade measures on imports from the EU. Given the importance of the US/EU trade relationship and the EU’s stated commitment to a free trade environment, the EU has said that it will adopt measures in response to such a US policy. The EU’s response may be calibrated according to the purpose of policies carried out by the US Administration.

On the Trade Practitioner blog , we provide an insight into the functioning of perhaps the most assertive (yet so far unused) trade instrument at the EU’s disposal to retaliate, the EU Anti-Coercion Instrument (ACI).

The ACI is at the apex of the EU’s policy arsenal in international economic matters – it is for that reason that is has been referred to as a “bazooka”. While it has never been used so far, a very aggressive trade policy measure against the EU could prompt the EC to at least brandish the ACI as one of the more assertive instruments at its disposal against third countries, including the US or China. Should it ever be triggered, ACI response measures could severely affect trade or financial relations. US goods and services may be directly targeted.

Check out the full post on our Trade Practitioner blog.

Bipartisan Push to Strengthen American Supply Chains

By C. Bradford Ellison, Shawn Harwood, D. Michael Kaye and Anya Bharat Ram on February 11, 2025 Posted in US National Security/Supply Chains, US Regulation

There has been early bipartisan interest within the Senate Commerce Committee in continuing to promote US supply chain resilience. This highlights a new avenue for bipartisanship in the Trump Administration’s foreign policy agenda. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues on the reintroduction of two pieces of legislation focused on supply chain resilience.

Check out the full post on our Global Supply Chain Law blog.

U.S. AI Export Controls and Strategic Shifts Under the Trump Administration

By Pablo Carrillo, Martin Mackowski, Beth Goldstein and David Naylor on January 31, 2025 Posted in Artificial Intelligence, Defense & Homeland Security, International Trade Policy, US Executive Branch, US Regulation

In recent days, the Biden administration’s reliance on export controls to curb China’s AI advancements has come under increasing scrutiny, particularly following the release of China’s DeepSeek R1 chatbot. This development raises concerns that prior U.S. restrictions have failed to slow China’s progress while potentially undermining U.S. global competitiveness in AI hardware and computing ecosystems. President Trump’s early actions—rescinding Biden’s AI executive order and emphasizing innovation over risk mitigation—signal a shift away from restrictive policies toward a more pro-innovation, market-driven approach.

DOGE and a New Senate Caucus May Further Empower Inspectors General

By Clark Ervin on January 24, 2025 Posted in 119th Congress, Congressional Oversight, US Executive Branch

In the flurry of developments last week in the run-up to the inauguration, it was easy to overlook one that could have significant and positive impact by making government more effective, efficient, and economical.

On January 17, 2025, Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) announced the launch of a bipartisan Inspector General Caucus. The other members of the caucus are Senators Maggie Hassan (D-NH), Richard Blumenthal (D-CT), Gary Peters (D-MI), and James Lankford (R-OK). Quoting Senator Ernst, “Inspectors General serve a vital role in uncovering waste in Washington and must be empowered to continue looking out for taxpayers.” Quoting Senator Hassan, “Inspectors General play a critical role in rooting out waste, fraud, and abuse within the federal government and the bipartisan Congressional Inspectors General Caucus will help build support for the important work that Inspectors General do.” Quoting a representative of the Inspector General community, Mike Ware, the Chairman of the Council of the Inspectors General on Integrity and Efficiency, “The Federal IG community looks forward to working with the bipartisan IG Caucus and Congressional leaders to enhance efforts to detect and prevent waste, fraud, abuse, improve government efficiency, and deliver for the American public.” Ware, who also serves as the Inspector General of the Small Business Administration and as the Acting Inspector General of the Social Security Administration, noted in a press release that the IG community’s work last year alone identified savings in federal programs of more than $93 billion, suggesting that there are even more savings to be found if IGs are given additional authority and resources to find them.

EU Publishes Regulation Banning Products Made With Forced Labour

By Wolfgang Maschek, Thomas Delille, Marion Seranne, Ludmilla Kasulke, D. Michael Kaye, Christina Economides and Guillermo Giralda Fustes on January 6, 2025 Posted in Europe, International Trade Policy, Labor & Employment

On 12 December 2024, the Forced Labour Regulation (FLR) was published prohibiting products made with forced labour on the EU market. This is the definitive and legally binding version of the FLR.

As detailed in an earlier client insight, the prohibition on products made with forced labour, as set out in the FLR, and the resulting obligations and associated checks and enforcement, will only enter into force on 14 December 2027. Nevertheless, some provisions requiring EU Member States and the European Commission (EC) to prepare the framework for the application and enforcement of the FLR are already in force (e.g. in relation to the designation of competent authorities or the creation of forced labour databases). Companies operating in the EU would be well advised to begin surveying potential risks in their supply chains and establishing their own internal compliance programs.

Once the FLR fully enters into force, it will prohibit economic operators (meaning any natural or legal person, or association thereof) from placing or making available products made using forced labour on the EU market (including distance sales). It will also prohibit them from exporting such products from the EU.

New Antidumping and Countervailing Duty Petitions on Active Anode Materials from China

By Jeremy Dutra, D. Michael Kaye, Peter Koenig, Everett Eissenstat and Ludmilla Kasulke on December 20, 2024 Posted in International Trade Policy

On December 17, 2024, American Active Anode Material Producers, a trade association consisting of domestic manufacturers of certain active anode materials, filed petitions with the US Department of Commerce (DOC) and the US International Trade Commission (ITC) seeking the imposition of antidumping (AD) and countervailing duties (CVD) on imports of such materials from China. The proposed tariffs could result in significant cost increases for electric vehicle (EV) production, as the active anode materials make up a substantial portion of battery costs, and may raise questions as to the availability of US domestic supply to meet domestic EV production needs.

Trump’s Foreign Policy: Initial Implications for Businesses & Investors

By Paul Jones and Everett Eissenstat on December 20, 2024 Posted in Defense & Homeland Security, International Trade Policy, US Executive Branch, US National Security/Supply Chains

President-elect Trump’s foreign policy is beginning to take shape, based on pre-inaugural diplomacy and his appointments to date. Uncertainties abound, from unexpected world events—such as a sudden regime change in Syria—to Trump’s mercurial nature, the congressional confirmation process, and how his team settles into producing policy.

Sunsetting Tax Cuts Suggests a Shift to Business Protection Mode

By David Stewart and Michael Hawthorne on December 12, 2024 Posted in 119th Congress, Tax

Originally published by Bloomberg Tax

Businesses should prepare to defend against trillions of dollars in adverse tax changes in 2025 as Congress considers how to pay for extensions in the Tax Cuts and Jobs Act—despite pledges from Republicans to protect their signature 2017 law.

Congressional leaders are preparing to consider major tax legislation under expedited reconciliation procedures in the first 100 days of the 119th Congress, a process that will restrict amendments and allow passage by a simple majority vote.

Because of this, businesses should begin identifying their policy priorities, developing legislative strategies, and refining narratives to prepare for this critical moment for US tax policy.

Transforming Defense: How Private Market Experience Among Key Defense Nominees Under Trump Could Revolutionize Pentagon Innovation

By Pablo Carrillo, Jack Deschauer, Edward Newberry and Daniel Rudder on December 9, 2024 Posted in Defense & Homeland Security

The incoming Trump Administration’s announced defense leadership nominees, with deep private market expertise, signal a potential shift in the Department of Defense’s (DOD’s) ability to harness innovation from venture-and private equity-backed companies developing dual-use technologies. Historically, leadership interest in leveraging commercial innovation in this context has primarily resided at the Office of the Secretary of Defense (OSD) level, often without the direct experience necessary to effectively bridge military needs and private sector capabilities.

Elections Edge: A 2024 Elections Weekly Snapshot

By Capital Thinking on October 8, 2024 Posted in Election 2024

With just weeks until Election Day, stay updated on the latest presidential race developments, as well as the House and Senate races, with our weekly Elections Edge 2024 election newsletter.

In one month, on November 5, Americans will head to the polls, concluding the race to send Vice President Kamala Harris or former President Donald Trump to the White House. With the presidential and vice presidential debates complete, the Harris and Trump campaigns are focused on shoring up support among their respective bases and locking down key undecided voters. Meanwhile, the battle for the 119th Congress is entering its final stretch. While the 2024 Senate map heavily favors Republicans, both Democrats and Republicans are sounding the alarm that final Senate control remains a toss-up. House Republican and Democratic leaders are canvassing the country to bolster frontline candidates and deliver their closing messages to voters.

Elections Edge delivers a weekly snapshot of key campaign developments, updated forecasts for the White House, Senate and House races, as well as the key races that will likely tip the balance of power in 2025.

Chevron Has Fallen: Supreme Court Seismically Shifts Regulatory Power From Agencies to Courts

On June 28, 2024, in a 6-3 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the Chevron doctrine, a decades-old precedent that largely pressed federal courts to defer to federal agency interpretations of ambiguous statutes under their jurisdiction. The full implications of this decision merit ongoing attention and preparation for a changed environment.

Webinar: The REPO Act – Political and Legal Impacts for International Businesses

By Capital Thinking on April 30, 2024 Posted in 118th Congress, US Regulation

Congress recently passed the Rebuilding Prosperity and Opportunity for Ukrainians (“REPO”) Act, bipartisan legislation authorizing the Administration to seize billions of dollars in Russian sovereign assets to fund Ukraine reconstruction and aid.
The legislation raises issues that could have political and legal consequences – for companies and individuals.

Join members of the firm’s Policy and Government Investigations teams on May 7 for a webinar covering:

What does the REPO Act say?

How did Congress reach bipartisan consensus to pass it?
Will the REPO Act survive US court challenges?
How will the Biden Administration use this new authority?
How will Europe treat Russia’s frozen assets?
Will Russia retaliate, and in what form?
How can US, European and International businesses protect themselves against retaliation?

Additional details and registration: The Repo Act: Political and Legal Impacts for International Businesses | Events | Insights & Events | Squire Patton Boggs

Panelists

Ambassador Paul Jones

Tom Firestone

Keith Bradley

Ludmilla L. Kasulke

New CFIUS Rules to Enhance Enforcement and Investigation Activities

By Bridget McGovern, Peter C. Alfano III, George Grammas, Shannon Reaves and Chris Griner on April 12, 2024 Posted in Data Privacy & Cybersecurity, Defense & Homeland Security, Financial Services, Foreign Investment Reviews, International Trade Policy, US Executive Branch, US National Security/Supply Chains, US Regulation

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.^[1] The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information that CFIUS can seek from parties and its ability to compel production of such information. As summarized below, the proposed authorities will bolster CFIUS’s ability to monitor and investigate non-notified transactions as well as potential violations of mitigation obligations, including by increasing financial penalty exposure to parties and streamlining CFIUS’s ability to issue subpoenas. Comments to the Proposed Rule will be due within 30 days of publication in the Federal Register, which is expected in the coming days.

Biden Budget Proposal Advances AI Priorities

By David Stewart, Ludmilla Kasulke and Dominic Braithwaite on March 14, 2024 Posted in 118th Congress, Artificial Intelligence, Budget and Appropriations, Data Privacy & Cybersecurity, Technology and Communications, US Executive Branch, US National Security/Supply Chains

On March 11, 2024, US President Joe Biden released his Fiscal Year (FY) 2025 budget request, which included proposals on U.S. Artificial Intelligence (AI) development and efforts to implement the Biden Administration’s Executive Order (EO) on AI. The budget identifies the National Science Foundation (NSF) as central to U.S. leadership in AI, requesting $10.2 billion in funding for the agency. $2 billion of that total would be dedicated to research and development (R&D) in accordance with CHIPS Act priorities, including AI, and $30 million would support the National AI Research Resource pilot program. The budget also requests $65 million for the Commerce Department “to safeguard, regulate, and promote AI, including protecting the American public against its societal risks.” This funding would include directing the National Institute of Standards and Technology (NIST) to establish the U.S. AI Safety Institute. The institute would be responsible for operationalizing “NIST’s AI Risk Management Framework by creating guidelines, tools, benchmarks, and best practices for evaluating and mitigating dangerous capabilities and conducting evaluations including red-teaming to identify and mitigate AI risk.” Further, the Department of Energy (DOE) Office of Science, which is responsible for implementing aspects of both the CHIPS Act and the AI EO, would receive $8.6 billion under the President’s proposed budget.