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Articles by Marcus Burden
Treasury Department Issues First Civil Penalty under the Outbound Investment Security Program
On October 7, 2026, the U.S. Department of Treasury announced its first civil enforcement penalty imposed under the Outbound Investment Security Program (OISP). For U.S. investment funds, U.S. managers of funds abroad, and U.S. companies with controlled subsidiaries abroad, this enforcement action is a practical reminder that OISP diligence and documentation should extend across controlled foreign entities, including for small and follow-on investments.
From Chips to Checkout: FCC to Close Another Equipment Authorization “Loophole” and Expand E-Commerce Platform Obligations
Takeaways The FCC released a draft Third Report and Order that would expand the scope of its equipment authorization and Covered List rules to, among other things, prohibit authorization of radio frequency (RF) devices containing logic-bearing components produced by covered entities if, had the device itself been produced by the covered entity, it would have been prohibited from obtaining authorization.
Widening FOCI: DOD Issues Proposed Rule Expanding FOCI Review and Mitigation to Unclassified Prime and Subcontracts
Takeaways The rule would cover Department of Defense/War unclassified prime contracts and subcontracts—at any tier—valued at $5 million. This change is estimated to impact more than 37,000 entities, a nearly 20-fold expansion. Covered offerors, contractors and subcontractors must file and update their SF328 and beneficial ownership information in the National Industrial Security System to remain eligible.
Drone in the USA: FCC Seeks Comment on New Flight Plan for UAS and C-UAS Commercialization in the United States
Takeaways The FCC released a public notice seeking comment on a wide range of proposed regulatory reforms intended to accelerate domestic drone deployment, including expanded spectrum access, licensing reform, and improved mechanisms for interagency coordination. This proceeding is part of the Trump administration’s government-wide mandate to promote domestic drone commercialization and production and reduce U.S. reliance on foreign-manufactured systems.
Previously Scrubbed Mission Authorization Proposal Gets a Lift from OSC
Takeaways The Office of Space Commerce released its most recent proposal to address longstanding gaps in U.S. space regulations around the authorization of novel space activities not statutorily delegated to the Federal Aviation Administration, Federal Communications Commission, or National Oceanic and Atmospheric Administration.
Trump Administration Takes Several Trade Actions Targeting Advanced AI Semiconductors While Deferring Broader Tariff Actions on the Semiconductor Industry | Pillsbury Winthrop Shaw Pittman LLP - JDSupra
Takeaways The Trump administration’s policy towards AI exports takes shape with the Commerce Department issuing a rule permitting exports of advanced AI commodities based on a case-by-case review. President Trump also announced 25% tariffs following a Section 232 investigation of imports of semiconductors, equipment and derivatives, which narrowly targets advanced AI commodities and includes various exemptions for commodities used to support the domestic supply chain.
FCC Announces Seminal Enforcement Action for Violating Team Telecom Commitments | JD Supra
Takeaways After noticing a gap in compliance, a U.S. Department of Justice National Security Division referral resulted in the first-ever U.S. Federal Communications Commission enforcement action for violating commitments to Team Telecom. To resolve the investigation, Marlink entered a consent decree with the FCC, agreeing to pay a $175,000 voluntary contribution, implement a robust compliance plan, and revise internal procedures and controls on foreign employees.
FCC Implements Categorical Prohibition on All Foreign-Produced UAS and UAS Critical Components | JD Supra
Takeaways Acting on a National Security Determination, the U.S. Federal Communications Commission adopted a first-of-its-kind categorical prohibition on the importation, marketing, and sale of all foreign-produced UAS and UAS critical components, effective immediately.
Department of Defense Issues Highly Anticipated CMMC Final DFARS Rule | JD Supra
Takeaways The Final DFARS Rule will take effect on November 10, 2025, and will be implemented through a phased approach over three years. During the three-year phase-in period, DoD will have discretion to determine whether to apply CMMC requirements to procurements. The Final DFARS Rule largely tracks the Proposed DFARS Rule, published in August 2024, but includes important new provisions.
Key Takeaways from the CFIUS 2024 Annual Report | JD Supra
The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Annual Report. Filing volume for both declarations and notices remains lower compared to their peaks in 2021 and 2022, respectively. While CFIUS continues to clear the vast majority of transactions it reviews without mitigation, compliance site visits and civil penalties increased, highlighting CFIUS’s more assertive enforcement posture.
Key Takeaways from the CFIUS 2024 Annual Report
The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Annual Report. Filing volume for both declarations and notices remains lower compared to their peaks in 2021 and 2022, respectively. While CFIUS continues to clear the vast majority of transactions it reviews without mitigation, compliance site visits and civil penalties increased, highlighting CFIUS’s more assertive enforcement posture.
Key Takeaways from the CFIUS 2024 Annual Report
The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Annual Report. Filing volume for both declarations and notices remains lower compared to their peaks in 2021 and 2022, respectively. While CFIUS continues to clear the vast majority of transactions it reviews without mitigation, compliance site visits and civil penalties increased, highlighting CFIUS’s more assertive enforcement posture.
Following Investigation of Copper Imports, Trump Administration Takes Actions Targeting Imports and Domestic Sales | JD Supra
With the targeting of imports and exports across multiple policy channels, businesses must proactively assess their supply chains and prepare to comply with evolving trade restrictions.
847 Awaiting Takeoff: DCSA Issues Guidance on Expanded Scope of FOCI Assessments | JD Supra
Section 847, which will expand foreign ownership, control or influence requirements to non-classified contracts, is on track for implementation in 2026. Section 847 of the National Defense Authorization Act for FY 2020 directs the Department of Defense (DoD) to move forward with proposing a new Defense Federal Acquisition Regulation Supplement (DFARS) rule that would expand the scope of companies subject to its foreign ownership, control, and influence (FOCI) evaluations.
The Trump Administration Reinstates and Expands Section 232 Tariffs on Steel and Aluminum | JD Supra
[co-author: Sahar J. Hafeez] On February 10, 2025, President Trump issued two Presidential Proclamations reimposing and expanding tariffs on all steel and aluminum imports into the United States pursuant to Section 232 of the Trade Adjustment Act of 1962.
Trump 2.0 Administration: Anticipated Impacts on International Trade, Sanctions and Economic Policy | JD Supra
Takeaways Broad Tariff Increases Could Reshape Global Trade: The aggressive use of tariffs could create significant trade disruptions for businesses dependent on global supply chains, and pair novel use of authorities with existing tariff tools.
The Treasury Department Finalizes U.S. Outbound Investment Rules | JD Supra
Takeaways The Final Rule formalizes a new governmental system to monitor through a notification process and, when necessary, restrict investments in China that may be viewed as a national security risk. The regulations have broad applicability to investments, greenfield projects, joint ventures and other arrangements in the semiconductor, artificial intelligence and quantum computing sectors.
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