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Articles by Tim Bergreen
Preparing for a potential Democratic Congress: Oversight, investigations, and policy risks for business
A core axiom of American politics holds that the out-of-power party gains seats in midterms. Since World War II, the party controlling the White House has lost an average of 28 House seats in midterm elections. The current Republican majority in the House is narrow, and a swing of only a handful of seats would flip control.
Polling, history point to Democratic takeover of House and possibly Senate – clients should prepare now
Key takeaways Two years of Republican control of both the Executive and Legislative Branches may come to an end this November. Democratic control of either or both chambers of Congress would dramatically alter the legislative and investigative agenda on the Hill. Clients, especially those, likely to find themselves in the crosshairs in a Democratic Congress, should assess their risk now.
Polling, history point to Democratic takeover of House and possibly Senate – clients should prepare now
Key takeaways Two years of Republican control of both the Executive and Legislative Branches may come to an end this November. Democratic control of either or both chambers of Congress would dramatically alter the legislative and investigative agenda on the Hill. Clients, especially those, likely to find themselves in the crosshairs in a Democratic Congress, should assess their risk now. Our government relations team has decades of experience and is ready to assist.
Hogan Lovells APAC Life Sciences and Health Care Webinar Series - Spotlight on the U.S. - Session 10
We are delighted to invite you to the 10thsession of our “Spotlight on the U.S.” series within the APAC life sciences and health care webinar program on Wednesday, 25 March 2026. The U.S. regulatory and trade landscape continues to evolve rapidly, creating new challenges and opportunities for global life sciences and health care companies.
Updated: BIOSECURE to Be Enacted Following Senate Passage | JD Supra
The final FY 2026 National Defense Authorization Act (NDAA) was released on December 7, inclusive of a modified version of the Senate-passed BIOSECURE Act from October. This final bill maintains the core structure of the Senate's BIOSECURE text while making several targeted changes.
US House Passes FY 2026 NDAA that Includes BIOSECURE | JD Supra
The final FY 2026 National Defense Authorization Act (NDAA) was released on December 7, inclusive of a modified version of the Senate-passed BIOSECURE Act from October. This final bill maintains the core structure of the Senate's BIOSECURE text while making several targeted changes.
Panelists predict BIOSECURE passage, explain changes in 2025 legislation | JD Supra
On November 20, 2025, at a closed-door, Q&A webinar on the proposed BIOSECURE Act, Joy Sturm, partner in the Hogan Lovells government contracts practice, led a conversation with a group of colleagues within various HL regulatory practices on what Federal contractors need to know about the pending legislation, including key terminology and its scope of applicability.
Panelists predict BIOSECURE passage, explain changes in 2025 legislation
On October 9, 2025, the U.S. Senate adopted amendment 3841, adding Section 881, Prohibition on Contracting with Certain Biotechnology Providers, a version of the BIOSECURE Act, to its version of the FY 2026 National Defense Authorization Act (NDAA). With prior opposition to BIOSECURE apparently having been quelled, there appears to be a good chance that BIOSECURE will become law before the close of 2025.
Reflecting on President Trump’s first 100 days in office | JD Supra
[co-author: Shelley Castle] On January 20, 2025, Donald J. Trump began his second term as President of the United States – marking his 100th day in office on April 29, 2025. In his second term, Trump has aggressively expanded the use of executive power to reshape federal policy, often bypassing Congress and setting new precedents that future administrations could capitalize on.
Reflecting on President Trump’s first 100 days in office
On January 20, 2025, Donald J. Trump began his second term as President of the United States – marking his 100th day in office on April 29, 2025. In his second term, Trump has aggressively expanded the use of executive power to reshape federal policy, often bypassing Congress and setting new precedents that future administrations could capitalize on.
Potential tax changes under Trump’s 2nd term
Click here to listen to the audio In this latest episode, Ivan Zapien and Tim Bergreen are joined by special guest Jamie Wickett, a partner on the Hogan Lovells Government Relations and Public Affairs team, share their thoughts on budget reconciliation, potential tax changes under Trump, a possible government shutdown, and more. (28 Feb. 2025)
New DOJ rule limits cross-border data transfers to protect national security | JD Supra
The rule regulates transactions involving access to (1) U.S. government-related data and (2) bulk sensitive personal data. While those categories may appear narrow, they are actually quite broad in a manner that will pick up ordinary data flows for many multinational companies.
Hogan Lovells 2024 Election Impact and Congressional Outlook Report | JD Supra
Former President Donald Trump has achieved a resounding and historic political comeback, reclaiming the White House four years after his 2020 defeat to President Joe Biden. Now set to serve as the 45th and 47th President, Trump surpassed his 2016 peormance by sweeping all seven swing states and becoming the rst Republican President in 20 years to win the popular vote. Please see full publication below for more information.
DOJ proposes regulations limiting certain data transfers to protect national security | JD Supra
The NPRM aims to restrict the ability of designated countries of concern and persons subject to their jurisdiction (“covered persons”) to access U.S. government-related data or bulk sensitive personal data by restricting or prohibiting certain transactions. There are six countries of concern that the NPRM identifies: China (including Hong Kong and Macau), Cuba, Iran, North Korea, Russia, and Venezuela.
DOJ proposes regulations limiting certain data transfers to protect national security
The U.S. remains on course to restrict a broad range of cross border data transfers to China, Russia, and other designated countries. On October 21, 2024, the Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) (and an accompanying Fact Sheet) intended to address national security concerns regarding certain countries and persons subject to their jurisdiction.
Episode 25 | Cryptocurrency and National Security: Insights from Inca Digital
Click here to listen to the audio We sit down with Adam Zarazinski, CEO of Inca Digital, a leading fintech company specializing in data and analytics for the digital asset ecosystem, to discuss the role of cryptocurrency in national security and intelligence operations. Adam shares his unique journey from Interpol to the U.S. Air Force JAG Corps to founding Inca.
EU elections results – what does this mean for the U.S.? | JD Supra
This article outlines the three key things that may impact the U.S. as a result of the EU election results. The impact of these elections will reverberate beyond the EU, and some in the U.S. may be wondering what this may say about the American elections in November. The EU results are unlikely to presage a policy shift in Brussels, so it is “business as usual” in a capital obsessed with domestic politics.
The Hogan Lovells National Security Podcast
We sit down with Adam Zarazinski, CEO of Inca Digital, a leading fintech company specializing in data and analytics for the digital asset ecosystem, to discuss the role of cryptocurrency in national security and intelligence operations. Adam shares his unique journey from Interpol to the U.S. Air Force JAG Corps to founding Inca. We discuss how Inca helps government agencies and financial institutions manage cryptocurrency risks and ensuring the safety and integrity of digital asset transactions.
Episode 23 | Japan and International Security
Click here to listen to the audio In this episode, we cover the long standing alliance between the United States and Japan, and its future trajectory in the face of regional and global security challenges. We discuss Japan’s evolving defense posture, highlighting significant changes since Japan’s introduction of new national defense strategies in 2023 and an increase in military spending.
U.S. BIOSECURE Act: Key considerations for global cell, tissue, and gene therapy stakeholders | JD Supra
While the landscape continues to evolve rapidly, there are steps that life sciences companies – particularly cell, tissue, and gene therapy (CTGT) and other companies engaged in complex biotechnology manufacturing – should consider taking now to avoid unintended and potentially serious consequences if (/when) the pending legislation is enacted.
White House issues executive order on access to US sensitive personal data by countries of concern | JD Supra
On February 28, 2024, President Biden signed an Executive Order (EO) directing the Department of Justice (DOJ), the Department of Homeland Security (DHS), and other federal agencies to take specific actions to restrict the large-scale transfer of Americans’ sensitive personal data and protect the data from misuse by countries of concern. The EO states that the US is not seeking to suspend legitimate data flows or disengage with these countries.
BIOSECURE Act aims to restrict funding and genetic data use by foreign adversary biotech companies | JD Supra
February 19, 2024 Tim Bergreen, Ari Fridman, Ajay Kuntamukkala, Ashley Roberts Hogan Lovells + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: [co-author: Cassady Cohick] The BIOSECURE Act (the “Act”), introduced by members of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (“House Select Committee on the CCP”) on January 25, 2024, targets certain biotechnology...
The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC | JD Supra
December 22, 2023 Tim Bergreen, Ari Fridman, Ajay Kuntamukkala, Warren Maruyama, Beth Peters, Kelly Ann Shaw, Jonathan Stoel, Stephanie Sun Hogan Lovells + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: [co-author: Kelly Zhang] On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to...
Dual leaders’ summits in San Francisco: Here’s what to expect this week | JD Supra
This week marks one of the biggest diplomatic weeks of U.S. President Joe Biden’s Presidency as he hosts almost two dozen world leaders at two complementary Summits in San Francisco, CA—the Asia Pacific Economic Cooperation (APEC) and the Indo-pacific Economic Framework (IPEF). Biden will also sit down with Chinese President Xi Jinping for the first time in a year. This is Xi’s first trip to the United States since 2017.
Dual leaders’ summits in San Francisco: Here’s what to expect this week
As nearly two dozen world leaders converge on San Francisco for two complementary summits—the Asia Pacific Economic Cooperation (APEC) and the Indo-Pacific Economic Framework (IPEF)—all eyes are on U.S. President Joe Biden during one of the biggest diplomatic weeks of his Presidency.
Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening | JD Supra
Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in front of issues before they become problems, and seize opportunities in a timely manner.
U.S. AI policy heats up with new executive order and legislative activity | JD Supra
On October 30, 2023, President Joe Biden issued his Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The comprehensive EO seeks to ensure America’s leadership in harnessing the potential and benefits of artificial intelligence (AI) and manage the potential risks that could come with the powerful technology.
Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening
Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in front of issues before they become problems, and seize opportunities in a timely manner.
Episode 18: Innovation and DoD Replicator Initiative
Click here to listen to the audio In this episode we discuss defense innovation and DoD’s announcement of the “Replicator” initiative. We explore the history of the Defense Innovation Unit (DIU) and how its success has sparked the creation of similar offices throughout DoD. We explain efforts to overcome the “valley of death” between developing an idea and deploying a capability to the warfighter.
Biden Administration issues long-awaited executive order on outbound investment screening | JD Supra
On August 9, 2023, the Biden Administration issued its long-awaited executive order (“EO”) granting the U.S. government the authority to establish and enforce an outbound investment screening regime (hereinafter, “outbound investment program”) that will be administered by the U.S. Department of the Treasury (“Treasury”) in consultation with other agencies, including the U.S. Department of Commerce (“Commerce”).
Episode 15: Information Flows and Secrecy: Where is the Chinese Foreign Minister?
CLick here to listen to the audio In this episode we discuss the strange continued disappearance from public view of Qin Gang, the Chinese Foreign Minister (FM), and former Ambassador to the United States. At the time of this recording, China announced that Mr. Qin was formerly removed as FM (although he still has not re-appeared in public), and his boss, Wang Yi, the Director of the Central Foreign Affairs Office of the Chinese Communist Party (CCP), would act as FM.
Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA | JD Supra
On Tuesday, March 21, 2023, the Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS Incentives Program under the CHIPS and Science Act, intended to ensure that any funded semiconductor technology and innovation is not used by adversary countries against the United States or its allies and partners.
U.S. Commerce, Treasury Departments issue reports on pending outbound investment screening regime | JD Supra
[co-author: Andrea Fraser-Reid] Congressionally-mandated reports recently issued by the U.S. Department of the Treasury and the U.S. Department of Commerce reinforce previously reported details of the outbound investment screening regime that the Biden Administration is currently contemplating. Media reports indicate that the White House will issue an executive order relatively soon—perhaps in a matter of weeks—to establish the new regime.
Legislation to grant U.S. government sweeping authority over ICT-related national security threats | JD Supra
On 7 March 2023, U.S. Senators Mark Warner and John Thune, joined by a bipartisan group of their colleagues, introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act (the RESTRICT Act or the Act).
Securing Cyberspace: White House releases National Cybersecurity Strategy | JD Supra
In light of the increase in foreign cyber threats resulting in the theft of intellectual property held by U.S. entities and personal information of U.S. citizens, in addition to disruptions to critical U.S. business operations, the Administration has outlined its strategic objectives to achieve the ultimate goal of securing the U.S. cyberspace against growing foreign threats.
National Security podcast
Click here to listen to the audio In this sixth episode, we are joined by our colleague Kelly Ann Shaw, former Deputy Assistant to the President for International Economic Affairs and Deputy Director of the National Economic Council, as we delve into critical minerals and rare earths at the intersection of environmental policy, clean energy, electric vehicles, and military technologies.
House Democrats release America COMPETES Act to negotiate comprehensive China legislation with US Senate | JD Supra
On January 25, 2022, Democrats in the House of Representatives released the text of a nearly 3,000 page bill, the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act of 2022, or the America COMPETES Act. The America COMPETES Act is the House Democratic legislative counter-proposal to the US Senate-passed United States Innovation and Competition Act (“USICA”). In June 2021, USICA comfortably passed the Senate on a bipartisan basis (68-32).
Eastern European tensions foreshadow increased cyberattacks | JD Supra
Given the deteriorating security situation in Eastern Europe and the potential for widespread cyber disruptions should hostilities break out, we urge clients to re-examine their cybersecurity posture. The U.S. Cybersecurity and Infrastructure Security Agency released guidance describing the risks and identifying a number of steps that organizations should take without delay. As Russian forces continue their steady build-up along Ukraine’s borders, the threat of war in central Europe grows.
New law bans imports from Xinjiang unless importer proves goods were not made with forced labor | JD Supra
On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (“UFLPA”).
USICA and its House equivalents go to conference: what will be the likely outcome? | JD Supra
Background on USICA and the House’s Corresponding Legislation On June 8, 2021, the Senate passed the United States Innovation and Competition Act (USICA) with bipartisan support. USICA began as the Endless Frontier Act, which was originally introduced by Senator Schumer and Senator Todd Young (R-IN) in 2020 during the 116th Congress.
Leaping the legislative hurdles | JD Supra
[co-author: Shelley Castle] Democrats still have a significant number of must-pass bills and priority legislation to consider by the end of the year, with little time left on the congressional calendar to do so. Democratic leaders will have to prioritize what gets sent through and may have to amend the legislative schedule to make it happen. On Aug. 10, House Majority Leader Steny Hoyer (D-MD) announced he is calling House members back to Washington the week of Aug.
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