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Articles by Michael E. Leiter
Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations
Executive Summary What’s new: On August 12, 2026, President Trump issued a National Security Presidential Memorandum establishing a program under which vetted U.S. companies may conduct government-authorized surveillance and disruption operations against identified foreign cyber-enabled transnational criminal organizations. Why it matters: The memorandum could significantly expand the private sector’s potential role in offensive cyber activity.
Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations
Executive Summary What’s new: On August 12, 2026, President Trump issued a National Security Presidential Memorandum establishing a program under which vetted U.S. companies may conduct government-authorized surveillance and disruption operations against identified foreign cyber-enabled transnational criminal organizations. Why it matters: The memorandum could significantly expand the private sector’s potential role in offensive cyber activity.
DOW Suspends CMMC Phase II: What The Pause Means For Contractors Right Now
SA Skadden Arps Slate Meagher & Flom More The traits that fueled Skadden’s rise from a New York startup to a global powerhouse — innovative, collaborative, client-centric — continue to define our firm culture. We remain focused on developing extraordinary attorneys who work together as a team to deliver the highest quality advice and best outcomes for clients.
New Executive Orders and Government Strategy Advance US Quantum Innovation and Mandate Post-Quantum Cryptography Transition
Executive Summary What’s new: On June 22, 2026, President Trump signed two executive orders to expand the use and development of quantum technology. Executive Order 14412 accelerates the adoption of post-quantum cryptography in critical federal and private sector systems to address emerging post-quantum threats. Executive Order 14413 seeks to accelerate U.S. quantum innovation in computing, sensing, networking, supply chains and workforce development.
Big Changes Coming for Government Contractors: Proposed FAR CUI and DoW FOCI Rules, New Quantum Cryptography Order and Ongoing CMMC Rollout
Executive Summary What’s new: Four significant federal contracting developments are converging to fundamentally reshape cybersecurity and foreign ownership compliance obligations for government contractors across the federal supply chain. Why it matters: Noncompliance carries substantial consequences, including loss of contract eligibility, False Claims Act liability and operational disruptions.
Weekend Edition - June 20, 2026
This weekend: Brad Knott, U.S. Representative for North Carolina’s 13th District, reviews the status of FISA, the confirmation complications for DNI nominee Jay Clayton, and the SAVE America Act. Michael Leiter, Israeli Ambassador to the United States, offers his reaction to the leaked Memorandum of Understanding for the Iran deal, how the deal may impact Israel, and the Ambassador’s comments that Israel will not abandon their defense efforts in South Lebanon.
Posts from: Donald Vieira
No Loopholes for AI: Putting Legal Guardrails on Your Company’s Use of AI AI, Board of Directors, Regulators, Risk More from: Donald Vieira, Nicola Kerr-Shaw , Skadden Don L. Vieira is a Partner and Nicola Kerr-Shaw is a Counsel at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum.
M&A in the Middle East: AI, Financial Services and Energy Transition Lead the New Wave | JD Supra
Key Points The Gulf Cooperation Council’s traditionally oil-based economies are growing as they diversify. Sovereign wealth funds and state-owned enterprises are the key vehicles through which diversification is being realized. On the horizon, we expect continued investment in sectors that support the diversification agenda and will underpin the future economies of the GCC member states — notably artificial intelligence, renewable energy and financial services.
U.S. Treasury’s ‘Reverse CFIUS’ Authority Is Codified and Some Restrictions Are Clarified | JD Supra
Executive Summary What’s new: A new law codifies the Treasury Department’s regulatory program for restricting outbound investments by U.S. persons in certain countries and industries, and requires Treasury to expand its regulations to cover several additional countries and industries. No immediate changes were made as a result of the new law, which will be implemented through regulations to be issued by March 2027.
EU Advances Update to FDI Regulation: Enhanced Screening Framework Expected | JD Supra
Executive Summary What’s new: The EU has reached a provisional political agreement to revise the Foreign Direct Investment Screening Regulation, introducing mandatory screening in all EU member states, expanding scope, and enhancing transparency and coordination. Why it matters: The revised EU FDI Regulation will result in more rigorous and consistent scrutiny of corporate transactions involving investments in covered sensitive sectors, impacting investors and acquirers in the EU.
DoD Finalizes DFARS Cybersecurity Certification Rule: What Contractors Need To Know | JD Supra
Executive Summary What’s new: The Department of Defense finalized its rule introducing mandatory cybersecurity compliance requirements for defense contractors. Its requirements, which will be phased in over three years, begin to take effect on November 15, 2025. Among other things, the rule formalizes third-party assessments, annual affirmations and clarifies subcontractor compliance responsibilities.
White House Releases AI Action Plan: Key Legal and Strategic Takeaways for Industry
• What is new: The Trump administration’s AI Action Plan reflects a striking shift in approach, with the federal government driving development, expansion and regulation, focusing on deregulation, permitting, procurement and export control to ensure American domination of AI technologies. • Why it matters:The plan promises to provide a wide range of business opportunities for AI developers and supporting industries such as data centers, while also providing support for AI training across sectors.
Deadline Fast Approaching for Data Security Program Compliance | JD Supra
The Department of Justice (DOJ) implemented a new regulatory regime (Data Security Program) addressing access to, and transfer of, sensitive personal data to countries and persons of concern, including Russia, China and Venezuela. Finalized on January 8, 2025, and effective April 8, 2025, the Data Security Program has since been subject to a enforcement policy deferment until July 8, 2025, to give companies more time to come into compliance with these rules. That deadline is fast approaching.
FCC Council on National Security Launches Investigation of Businesses Linked to the Chinese Communist Party | JD Supra
In its first major initiative, on March 21, 2025, the Federal Communications Commission’s (FCC’s) newly formed Council on National Security (Council) launched an investigation into the “ongoing U.S. operations” of businesses aligned with the Chinese Communist Party (CCP) that appear on the FCC’s Covered List.
The Value of Viewing Burnout as a Relationship Crisis
Understanding burnout in the ICU setting requires a nuanced approach that goes beyond recognising its symptoms. It demands that leaders address the structural and environmental factors that contribute to chronic stress, in addition to interventions that support resilience and well-being. The intensive care environment is often described as exhilarating; it is also undeniably demanding.
Trump Revives and Expands the Battle Over Digital Services Taxes | JD Supra
On February 21, 2025, President Donald Trump issued a presidential memorandum (the Memorandum) signaling that his administration intends to take action with respect to tax and regulatory measures affecting U.S. digital service providers. Although the Memorandum does not itself impose any specific remedies, it calls for studies and recommendations on appropriate responsive measures (e.g., tariffs to counter digital services taxes (DSTs)).
Trump Revives and Expands the Battle Over Digital Services Taxes
On February 21, 2025, President Donald Trump issued a presidential memorandum (the Memorandum) signaling that his administration intends to take action with respect to tax and regulatory measures affecting U.S. digital service providers. Although the Memorandum does not itself impose any specific remedies, it calls for studies and recommendations on appropriate responsive measures (e.g., tariffs to counter digital services taxes (DSTs)).
‘America First Investment Policy’ Aims To Reshape CFIUS and ‘Reverse CFIUS’ | JD Supra
On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and partners while restricting investments involving “foreign adversaries” — mostly notably China.1 The Investment Policy does not reflect a sweeping break from the foreign investment policies of the Biden administration.
‘America First Investment Policy’ Aims To Reshape CFIUS and ‘Reverse CFIUS’
On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and partners while restricting investments involving “foreign adversaries” — mostly notably China.1 The Investment Policy does not reflect a sweeping break from the foreign investment policies of the Biden administration.
The Return of Steel and Aluminum Tariffs: Prelude to a Trade War?
President Donald Trump has issued a series of proclamations imposing duties on imports of steel and aluminum products. The first proclamation, “Adjusting Imports of Steel Into the United States” (Steel Proclamation), was issued on February 10, 2025, and the second, “Adjusting Imports of Aluminum Into the United States” (Aluminum Proclamation), was released on February 11, 2025 (collectively, “the Proclamations”).
National Security: Trump Orders Review of Export, Supply Chain, ‘Reverse CFIUS’ Rules | JD Supra
Several of President Donald Trump’s initial actions — from an executive order instituting a new artificial intelligence (AI) policy framework, to those directing the use of the U.S. military to provide border security, the withdrawal of the U.S. from the Paris Agreement and a pause in U.S. foreign assistance — will broadly impact U.S. national security and foreign policy.
Most AI National Security Regs Likely To Remain in Place Under the Next Administration | JD Supra
Key Points Rapid advances in artificial intelligence (AI), alongside the growing accessibility of AI platforms and tools, present unique national security risks and opportunities. U.S. regulators are implementing AI-related prohibitions, restrictions and reporting requirements across the AI supply chain with a focus on defense and cyber uses of AI, and a particular eye on China.
How Defense Contractors Can Prepare Now for CMMC Implementation | JD Supra
Key Points Defense contractors should begin preparing for Cybersecurity Maturity Model Certification (CMMC) implementation, expected to begin taking effect early in 2025, based on a proposed rule published in December 2023 setting out three levels of controls (“Levels”). Cybersecurity controls for Levels 1 and 2 contracts are already in effect through existing regulations, but contractors for Level 3 contracts will be required to comply with additional cybersecurity controls yet to be published.
How Defense Contractors Can Prepare Now for CMMC Implementation
Key Points Defense contractors should begin preparing for Cybersecurity Maturity Model Certification (CMMC) implementation, expected to begin taking effect early in 2025, based on a proposed rule published in December 2023 setting out three levels of controls (“Levels”). Cybersecurity controls for Levels 1 and 2 contracts are already in effect through existing regulations, but contractors for Level 3 contracts will be required to comply with additional cybersecurity controls yet to be published.
Declassified: DoD Extends Its Vetting of Foreign-Owned and -Controlled Contractors To Cover Some Unclassified Contracts | JD Supra
Over its 30-year history, the Department of Defense (DoD) National Industrial Security Program Operating Manual (NISPOM), which establishes policies and procedures for mitigating foreign ownership, control or influence (FOCI) in the U.S. defense industrial base, has narrowly focused on parties that require access to classified information (classified contracts) in the performance of a U.S. government contract.
CFIUS’ Proposed Rule: More Questions, Tighter Time Frames and Higher Penalties | JD Supra
On April 15, 2024, the secretary of the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS or Committee), published a notice of proposed rulemaking (Proposed Rule) to expand CFIUS’ investigation and enforcement authorities and to tighten time frames for negotiating mitigation. Specifically, the Proposed Rule: Clarifies and expands CFIUS’ authority to request information when conducting reviews.
A Fracturing Data Environment: Executive Order Portends Major Changes to US Data Management | JD Supra
Takeaways The Biden administration, led by the Department of Justice (DOJ), is considering establishing a regulatory regime that would prohibit or restrict the bulk transfer of U.S. personal data and certain U.S. government data to covered persons or countries of concern (COC), which currently include China (including Hong Kong and Macau), Russia, Iran, North Korea, Cuba and Venezuela.
AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws
Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues. In this article, we discuss five key issues to track in 2024, including: AI regulation, including the EU’s AI Act, is taking shape and may begin to affect nearly all industries. Expect more litigation over alleged copyright infringement in the training and use of AI systems.
US Government Updates Forced Labor Strategy, Expands UFLPA Entity List
Key Points U.S. forced labor enforcement efforts now extend beyond the traditional focus on cotton, textiles, tomatoes and polysilicon to encompass automotive components and copper, steel, aluminum and their downstream products. A majority of detained and blocked imports now involve products produced in or shipped from Malaysia or Vietnam that contain Chinese inputs.
US Moves To Narrowly Limit Investment in China
On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to prohibit or require notification of outbound U.S. investments to China in certain sensitive sectors.
Privacy & Cybersecurity Update
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Professional Liability Insurer Seeks Declaration Stating It Does Not Owe Coverage to Attorney for Claims Arising From Hacking Incidents Tennessee Enacts Business-Friendly Comprehensive Consumer Privacy Law When Gov. Bill Lee signed the Tennessee Information Protection Act (TIPA) into law on May 11, 2023, after its unanimous passage through the state legislature, Tennessee became the latest state to contribute to the United States’ patchwork privacy landscape.
By Stuart D. Levi, Todd Freed Verified, David Schwartz, James Carroll, Marc S. Gerber, Ingrid Vandenborre, Avia Dunn, Richard J. Grossman, Helena Derbyshire, Brian Duwe, Ken Kumayama, Nicole Grimm, David Eisman, Michael E. Leiter, Peter Luneau, Patrick Fitzgerald, William Ridgway, James Talbot, Maya Florence, Jason Russell Verified, Eve-Christie Vermynck
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Lexology
Verified
US Commerce Department Expands Export Restrictions Targeting Russia and Belarus
On February 24, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced four new rules expanding restrictions on exports to Russia and Belarus.
Mandatory BEA Filing for Many US Businesses With Foreign Shareholders | JD Supra
The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic surveys of U.S. companies to assess the scale of foreign-owned business activities and their effect on the U.S. economy. One is a benchmark survey conducted every five years through Form BE-12, and the next round of submissions is due this year.
Mandatory BEA Filing for Many US Businesses With Foreign Shareholders
The Bureau of Economic Analysis (BEA) within the U.S. Department of Commerce collects and publishes data regarding the U.S. economy and the status of foreign investment. As part of this mission, it conducts regular, periodic surveys of U.S. companies to assess the scale of foreign-owned business activities and their effect on the U.S. economy. One is a benchmark survey conducted every five years through Form BE-12, and the next round of submissions is due this year.
Executive Order Reinforces CFIUS’ Broad Authority To Identify National Security Risks | JD Supra
On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the Committee). The EO does not change CFIUS jurisdiction or process, nor does it, as a practical matter, materially change the factors CFIUS regularly considers (or has considered over the past several years) when reviewing a CFIUS filing for national security risk.
Skadden Discusses Executive Order on CFIUS Authority to Identify National Security Risks
On September 15, 2022, President Joe Biden issued an executive order (EO) “on ensuring robust consideration of evolving national security risks” by the Committee on Foreign Investment in the United States (CFIUS or the Committee). The EO does not change CFIUS jurisdiction or process, nor does it, as a practical matter, materially change the factors CFIUS regularly considers (or has considered over the past several years) when reviewing a CFIUS filing for national security risk.
What to Watch Post-London
News coverage of the most recent terrorism attack in London has generally tracked predictable story lines: Who were the attackers? Were they inspired or directed by ISIS? What do additional arrests mean? There are also other less predictable (but even more unfortunate) story lines: the President’s rather obsessive tweets about the Administration’s proposed travel ban and his deeply misguided commentary on Sadiq Khan, London’s mayor.
Too Much and Too Little
Michael E. Leiter served as the director of the National Counterterrorism Center (NCTC) until July 2011. As the director of NCTC, Leiter led the primary organization in the U.S. government for analysis and integration of all terrorism intelligence—both domestically and overseas. Before joining NCTC, Leiter served as the deputy chief of Staff for the Office of the Director of National Intelligence (ODNI).
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