At A Crossroads – Issue 5: State Aid at Speed: EU Emergency Flexibility for Transport and CISAF-Eligible Energy-Intensive Industries After the Middle East Crisis

By Francesco Liberatore on May 26, 2026 Posted in Europe

The European Commission has moved swiftly to adopt a Middle East Crisis Temporary State Aid Framework (METSAF), creating additional headroom for Member States to support sectors facing acute cost pressures following the escalation of the Middle East crisis, including the Iran-related disruption, and the resulting disruption to global energy markets.

As with earlier crisis frameworks, the METSAF reflects a familiar Commission dilemma: how to provide rapid, targeted relief to strategically important sectors—without fragmenting the internal market or undermining long-term policy objectives, particularly the energy transition.

For transport operators, agriculture, fisheries and aquaculture, and, through a separate temporary adjustment to the Clean Industrial Deal State Aid Framework (CISAF), eligible energy-intensive industries, the framework marks a significant (if temporary) recalibration of EU State aid discipline.

President Trump Invokes DPA Title III for Fossil Fuel and Grid Expansion

By Pablo Carrillo and Nicole Rodgers on April 28, 2026 Posted in Defense & Homeland Security, Energy, Environment and Natural Resources, US Executive Branch, US National Security/Supply Chains

On April 20, President Trump signed a series of presidential determinations under Section 303 of the Defense Production Act (DPA) of 1950, invoking Title III authorities to support selected energy and energy-related industrial capabilities that the White House has deemed essential to national defense. The determinations appear intended to enable the Department of Energy (DOE) to deploy Title III support mechanisms for these categories, including purchases, purchase commitments and other financial instruments, subject to available appropriations and implementation decisions.

Strategic Pre-positioning of US and China Export Control Measures Before the Asia-Pacific Economic Cooperation (APEC) Leaders Meeting

By Pablo Carrillo, Anna Baramidze and Gillian Elizabeth Daley on October 21, 2025 Posted in CHIPS Act, International Trade Policy, US National Security/Supply Chains

On October 10, President Donald Trump accused China of attempting to “hold the world captive” through its rare-earth export controls and threatened “financial countermeasures” in response. His remarks underscore a new strategic reality: Export controls are no longer a national security framework to regulate sensitive technologies; they are now a key instrument that can be used in the broader US-China rivalry.

China Expands Export Control on Rare Earth Minerals and More

By Capital Thinking on October 17, 2025 Posted in International Trade Policy, US National Security/Supply Chains

On the 9^th of October, 2025, China’s Ministry of Commerce (MOFCOM) issued two “New Rules”, two new decrees that substantially broaden and strengthen export controls across the rare earth supply chain. Decree No. 61 centers on foreign-produced rare earth metals and related products, while Decree No. 62 enhances oversight of rare earth-related technology. Our colleagues break down the new rules and their impacts on our Trade Practitioner Blog.

Understanding the New $100,000 H-1B Fee and its Effect on U.S. Employers

By Capital Thinking on September 22, 2025 Posted in Labor & Employment, US Executive Branch, US Regulation

On Friday, September 19, 2025, President Trump issued a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposes a $100,000 fee for most new H-1B visa petitions and restricts the ability of certain H-1B visa holders to enter the United States. The H-1B program, widely used across industries to provide high-skilled labor, supports approximately three-quarters of a million U.S. workers. Our immigration and labor colleagues break down the Proclamation and its impacts on our Employment Law Worldview Blog.

Winning the Race: America’s AI Action Plan

By Pablo Carrillo, Ludmilla Kasulke, Genevieve Hubbard and David Stewart on July 28, 2025 Posted in Artificial Intelligence, Data Privacy & Cybersecurity, Technology and Communications, US Executive Branch

President Trump’s Winning the Race: America’s AI Action Plan, released on July 23, 2025, marks a significant shift from the Biden Administration’s AI governance framework, most notably Executive Order 14110 (November 2023). The previous approach emphasized risk mitigation, civil rights protections, equity considerations, and oversight of advanced AI models under authorities such as the Defense Production Act. By contrast, the current plan prioritizes deregulation, infrastructure buildout, and global competitiveness—positioning US AI leadership as a national strategic imperative.

A Big, Beautiful Sequel? How Businesses Should Leverage Insights From Republicans’ First Reconciliation Bill to Prepare for a Second Tax Package

By David Stewart on July 14, 2025 Posted in 119th Congress, Budget and Appropriations, Economic Development, Financial Services, Tax, US Executive Branch

Stakeholders are just beginning to evaluate key tax policy changes in Republicans’ multi-trillion-dollar reconciliation package, known as the One Big Beautiful Bill Act (OBBBA), including the long-term impact of several new and modified business tax reforms. Nevertheless, less than one week after final passage of OBBBA, key congressional leaders, including House Budget Committee Chairman Jodey Arrington (R-TX) and Senate Finance Committee Chairman Mike Crapo (R-ID), have already expressed interest in considering a second tax and spending package before the end of 2025.

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 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 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 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 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 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.