100 Days and Beyond: A Presidential Transition Hub
Policy & Regulatory Analysis, Business Impacts, and Legal Perspectives for the Trump Administration Transition
From Executive Orders to congressional action to new political norms, Foley & Lardner’s Trump Administration Transition Resources are your go-to hub for all things related to the new administration.
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Most Recent Insights
Preparing for a “Common-Sense” FAR: What Federal Contractors Need to Know About the Trump Administration’s Plans to Streamline the Federal Acquisition Regulation
One Year Later, FTC’s Noncompete Ban Remains on Life Support, as FTC Mulls Pulling the Plug
What Every Multinational Company Should Know About … the Pause in the Reciprocal Tariffs
Presidential Transition Insights
One Year Later, FTC’s Noncompete Ban Remains on Life Support, as FTC Mulls Pulling the Plug – As readers of this blog will recall, last April, the Federal Trade Commission voted along party lines to finalize a rule that would have banned the vast majority of employee noncompete agreements across the country. Continue reading
2025 Law & Compliance Division Conference – Connect with legal & compliance professionals in the cleared derivatives industry at L&C 2025, taking place 23-25 April. The Law & Compliance Division Conference examines the legal, regulatory, and enforcement developments impacting your business and offers practical compliance tips and strategies for the industry. Continue reading
Another Court Blocks DEI-Related Certification Requirement – On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order prohibiting the Department of Labor (DOL) from enforcing certain provisions of Executive Orders 14173 and 14151 against Chicago Women in Trades, a domestic nonprofit that receives federal funding from the DOL. Continue reading
What to Know About International Travel by Employees with Work Visas – In light of new immigration guidelines impacting visa holders, employers also should prepare for travel outside the U.S. (whether for personal or business reasons) by their employees with work visas. Continue reading
Trump Executive Order Affects Federal Contractor Minimum Wage – On March 14, 2025, the president issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised the minimum wage to $17.75 (effective January 1, 2025) for government contracts entered into after January 30, 2022 (including all renewals, extensions, and options). Continue reading
DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk – Not long after issuance of EO 14173, litigation was initiated, challenging the executive order as unconstitutionally vague and a violation of the First Amendment, among other arguments: The DEI-related provisions, including the certification requirement, based on the failure of the executive order to define or provide any guidance as to what would be considered an “illegal” DEI or DEIA program. Continue reading
Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them? – Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Continue reading
Christopher Ward Weighs in on New EEOC Agenda – Foley & Lardner LLP partner Christopher Ward commented on the U.S. Employment Opportunity Commission’s (EEOC) shift in enforcement priorities under the second Trump administration in the Forbes article, “Gender Identity Discrimination Still Illegal, Lawyers Remind Employers.” Continue reading
The New Enforcement Landscape Under the Trump Administration’s Executive Orders – President Trump’s executive orders, signed on January 20, 2025, have significantly altered the immigration enforcement landscape. Continue reading
Court Enjoins Portions of Trump Administration’s DEI Executive Orders – In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and accessibility (DEI or DEIA) programs on Friday, February 21, 2025. Continue reading
One Month into the New Administration, Employers Have a Lot to Think About – This past week marked the one-month anniversary of the new Trump Administration, and there have been many developments — including in just the past week — to which employers need to pay attention. Continue reading
Is Your Nonprofit Slashing Benefits to Offset Federal Funding Cuts? – On February 6, 2025, the Trump administration (the Administration) issued an executive order directing the heads of Federal executive departments and agencies to review all funding the Agencies provide to “Nongovernmental Organizations.” Continue reading
Practical Implications of Immigration Enforcement Activity on Retirement Plans – The second Trump administration is intensely focused on enforcement of U.S. immigration laws. Continue reading
Carrie Hoffman Quoted on Federal Arbitration Act’s Transportation Exemption – Foley & Lardner LLP partner Carrie Hoffman commented on recent judicial interpretation of the Federal Arbitration Act (FAA) in the Law360 article, “Arbitration Act’s Transportation Exemption At Inflection Point.” Continue reading
Katelynn Williams Quoted on Trump Administration Approach to Independent Contractor Rule – Foley & Lardner LLP senior counsel Katelynn Williams shared insight on the possible change in approach the Trump administration’s Department of Labor (DOL) will take in categorizing independent contractors in the planadviser article, “Will Trump DOL Move Away From Biden Independent Contractor Classification Rule?“ Continue reading
Top Tips for Companies to Prepare for an Immigration Visit – Trump administration efforts to eliminate safe havens for undocumented immigrants, and how to prepare for warrants and searches. Continue reading
Trump Administration Provides Some Guidance on DEI Programs – Following up on the Trump Administration’s series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel Management (OPM) and the United States Attorney General Office issued memoranda reflecting additional guidance as to what may constitute an “illegal” DEI or DEIA program and directing enforcement action. Continue reading
EEOC Retires Guidance Protecting LGBTQ Workers and Others From Discrimination, Continuing Rapid Remake of Federal Policy Through Presidential Action – In late January, the Equal Employment Opportunity Commission (EEOC) made several key removals of content from its online guidance resources — the website location where the EEOC publishes its views on what federal law should be interpreted to mean describing the federal government’s enforcement priorities under the framework of laws administered by the agency. Continue reading
Navigating Joint Employment: A Renewed Push to Implement a More Employer-Friendly Standard – With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment. The International Franchise Association is advocating for legislation that would establish a narrow standard, requiring an employer to have “direct” control over a worker’s terms of employment to be deemed a joint employer. Continue reading
Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule – We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the DOL has proposed different tests to determine whether workers are “employees” covered by the FLSA or “independent contractors” who are exempt from FLSA coverage. Indeed, with the new administration taking office last month, the DOL looks to be setting up a new volley in this ongoing match. Continue reading
Foley Attorneys on Hospital Response to ICE Enforcement – ‘This is a big topic’ – Foley & Lardner LLP partners Lawrence Vernaglia and John Litchfield are featured for their insights on how hospitals can navigate engagements with Immigration and Customs Enforcement (ICE) agents in the Report on Medicare Compliance article, “‘Take it Up With My Manager:’ Consider Privacy, Other Restrictions When Interacting With ICE.” Continue reading
Vigorous Immigration Law Is Here: I-9 Inspections, Site Visits, and More – President Trump’s new administration takes charge this week with a renewed focus on enforcing federal immigration law. In fact, as explained in today’s companion article, one of President Trump’s first action items on Inauguration Day was the issuance of a series of executive orders relating to immigration policy. Continue reading
President Trump’s Inauguration Day Immigration Executive Orders – During President Trump’s first hours in the White House, he issued a sweeping series of executive orders, including several regarding immigration policy: Protecting the American People Against Invasion, Securing Our Borders, and Protecting the Meaning and Value of American Citizenship (the “Immigration Orders”). Continue reading
President Trump’s “Rescission” Executive Order – Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”). Continue reading
Trump Orders Hiring Freeze and Return to Work for Federal Employees – Among the myriad executive orders issued by President Trump in the hours after his inauguration, two focus on the number and location of federal employees. Continue reading
President Trump Ends Affirmative Action Requirements for Federal Contractors – Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity (“the Executive Order”). Continue reading
What Every Multinational Company Should Know About … the Pause in the Reciprocal Tariffs – The recent announcement of a pause in the rollout of reciprocal tariffs has created some confusion — and some hope — for multinationals and importers around the world. While the announcement hopefully presages a bit of calm and the potential lowering of tariffs in what has become a rapidly escalating trade war, the reality is far more complex. Continue reading
What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part I) – As detailed in our prior article on “What Every Multinational Company Should Know About … The Rising Risk of Customs False Claims Act Actions in the Trump Administration,” the Department of Justice is encouraging the use of False Claims Act claims to address the underpayment of tariffs by importers. Continue reading
Gregory Husisian Comments on Tariff Variance, Impact on Nearshoring – Foley & Lardner LLP partner Gregory Husisian assessed U.S. tariff implementation on Mexico and Asia in The Wall Street Journal article, “How Mexico Emerged From Tariff Broadside With an Edge Over Asia.” Continue reading
Brian Wheeler Discusses Impact of ‘Liberation Day’ Tariffs on Deal Market – Foley & Lardner LLP partner Brian Wheeler commented on the deal landscape and impacts of the Trump administration’s “Liberation Day” announcement of new tariffs in the Pitchbook article, “Dealmakers grapple with fresh uncertainty following Trump’s ‘Liberation Day’ tariffs.” Continue reading
What Every Multinational Company Should Know About … The Global and Reciprocal Tariffs Announcement – On April 2, 2025, President Trump implemented the steepest American tariffs in over a century. Continue reading
What Every Multinational Company Needs to Know About … Criminal Enforcement of Trade, Import, and Tariff Rules: A Growing Risk for Businesses – In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in this high-tariff environment may attempt creative, or even fraudulent, strategies to minimize tariff payments. Consequently, enforcement agencies have been directed to closely monitor and vigorously prosecute efforts at improper tariff engineering and duty evasion. Continue reading
What Every Multinational Company Should Know About … The Current Trump Tariff Proposals – FAQs on Trump tariffs and related supply chain issues. Continue reading
Navigating Trump’s Semiconductor Strategy – As President Donald Trump’s second term continues, the government’s approach to the semiconductor industry is undergoing a significant shift. Industry stakeholders should anticipate changes in key areas, including the “CHIPS and Science Act,” tariff implementations, export controls, and regulatory frameworks. Continue reading
What Every Multinational Company (Doing Business in Mexico) Should Know About … Mitigating Risks From ATA Scrutiny in a New Enforcement Regime – In an Executive Order issued on January 20, 2025[1], the White House announced a shift toward increased enforcement of the Immigration and Nationality Act (INA) and International Emergency Economic Powers Act (IEEPA), which are key statutes in the United States’ fight against terrorism. Continue reading
What Every Multinational Company Should Know About … The Rising Risk of Customs False Claims Act Actions in the Trump Administration – On February 20, 2025, the Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice (DOJ), Michael Granston, emphasized using the False Claims Act (FCA) to address U.S. Customs & Border Protection (Customs) violations at the Federal Bar Association’s annual qui tam conference. According to Granston, the Trump administration will seek to “aggressively” deploy the FCA as a “powerful” enforcement mechanism against importers that take steps to evade customs duties, including all the new tariffs being imposed by the Trump administration. Continue reading
Gregory Husisian Describes Business Sentiment Around Trade Uncertainty – Foley & Lardner LLP partner Gregory Husisian described business sentiment around the Trump administration’s fluctuating trade policy in The Associated Press article, “Trump’s erratic trade policies are baffling businesses, threatening investment and economic growth.” Continue reading
Foley Attorneys Featured for International Trade, Manufacturing in Mexico Webinar – Foley & Lardner LLP partners Alejandro Gómez-Strozzi and Fernando Camarena are featured in the FreightWaves article, “Borderlands Mexico: Mapping supply chains key to surviving tariff wars, experts say,” summarizing a recent Foley webinar on international trade and manufacturing in Mexico. Continue reading
Managing Import and Tariff Risks During a Trade War Whitepaper – The focus on tariffs by the Trump administration presents significant risks for importers. Foley’s International Trade & National Security and Supply Chain practices have outlined six practical steps that importers can take to identify and manage their import-related risks and ensure their customs and supply chain integrity compliance programs are in good working order. Download Now
Coping with Tariff Uncertainty: Managing International Trade Risks Under the Trump Administration – The Trump Administration has issued multiple announcements that it will be sharply raising tariffs on most of the major U.S. trading partners, including 10 percent tariffs on China, 25 percent tariffs on Canada and Mexico (suspended for 30 days), and 25 percent tariffs on all imports of aluminum and steel products. Watch the Webinar Replay
Gregory Husisian Assesses C-Suite Sentiment on Trump Tariffs – Foley & Lardner LLP partner Gregory Husisian described sentiment among Chief Financial Officers on the Trump administration’s approach to trade policy in The Wall Street Journal article, “The Latest Dilemma Facing Finance Chiefs: What to Tell Investors About Tariffs.” Continue reading
Gregory Husisian on USMCA Viability – ‘The question is in what form?’ – Foley & Lardner LLP partner Gregory Husisian assessed the impact of tariffs on the viability of the U.S. – Mexico – Canada Agreement in The Wall Street Journal, IndustryWeek, and Autoweek. Continue reading
Gregory Husisian on Reciprocal U.S. Tariffs – “Don’t be taken by surprise this time” – Foley & Lardner LLP partner Gregory Husisian is featured for his insights on the Trump administrations proposed reciprocal tariffs across media. Continue reading
2025 In-House Connect Supply Chain & Trade Law CLE Summit – With the new Trump administration taking office, significant policy shifts are on the horizon, particularly for the manufacturing sector. Join Foley & Lardner LLP and In-House Connect on February 26 for a half-day webinar full of insights regarding policy shifts, supply chain, tariffs, international trade laws, and more. Continue reading
Andrew Wronski on Tariff Fluidity – ‘Keep on top of the issues’ – Foley & Lardner LLP partner Andrew Wronski assessed the evolving shift in U.S. trade policy in the Milwaukee Business Journal article, “Trump tariffs won’t disappear — so how should Wisconsin businesses prepare?” Continue reading
Gregory Husisian Weighs in on Suspension of De Minimis Trade Exemption – Foley & Lardner LLP partner Gregory Husisian offered important context on President Trump’s recent trade actions on China in The Wall Street Journal and Vogue Business. Continue reading
Vanessa Miller Assesses Panama Canal Discourse – Foley & Lardner LLP partner Vanessa Miller commented in the SupplyChainBrain article, “The Fight for Control of the Panama Canal,” lending important context to the recent headlines over the important waterway. Continue reading
Gregory Husisian on Tariff Exemptions – ‘It’s like a safety valve’ – Foley & Lardner LLP partner Gregory Husisian described how companies expected to be impacted by U.S. tariffs are eyeing possible exclusions from the duties in the Bloomberg Law article, “Trump Tariff Exemptions Uncertain as Companies Seek Safety Valve.” Continue reading
Tariffs: Does Your Contract Protect You? – The Trump administration’s tariffs have reshaped global trade—but how do they impact your contracts? From force majeure to price adjustment clauses, understanding these provisions is critical for protecting your business. We’ve got an FAQ to break down key contract considerations to help you navigate the complexities of tariff-related risks. Continue reading
Gregory Husisian Shares How Fashion and Beauty Companies Can Prepare for Tariffs – Foley & Lardner LLP partner Gregory Husisian shared recommendations for how companies can mitigate the impact of evolving trade policy shift in the Vogue Business articles “How fashion and beauty are preparing for triple-threat tariffs,” and “How a global trade war could rewire the way fashion operates.” Continue reading
Gregory Husisian on Potential Mexico Tariffs – ‘Planning for the worst case scenario is essential’ – Foley & Lardner LLP partner Gregory Husisian described how U.S. companies reliant on Mexican imports should assess the impact of potential tariffs in the Global Trade Review article, “Trump’s trade agenda: Businesses prepare for tariff fallout.” Continue reading
Gregory Husisian Describes How U.S. Beauty Brands Can Mitigate Tariff Impact – Foley & Lardner LLP partner Gregory Husisian gave insight in Vogue Business on how beauty brands can mitigate the impact of evolving trade policies in the article, “How US tariffs would hit beauty.” Continue reading
Christopher Swift Weighs in on First CFIUS Test Under New Administration – Foley & Lardner LLP partner Christopher Swift assessed how the Committee on Foreign Investment in the United States (CFIUS) may approach its review of a proposed acquisition of a data storage company in The Capitol Forum article, “Lenovo/Infinidat: Bid for Data Storage Firm Provides Test for CFIUS Under New Administration.” Continue reading
What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part I): Identifying Risks and Opportunities – The expected focus on tariffs and supply chain issues by the Trump administration presents significant risks for frequent importers. Continue reading
What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part II): The Implications of President Trump’s “America First Trade Memorandum” – During his campaign, President Trump often stated that he would be implementing an “America First” international trade policy, which he said explicitly would include higher tariffs, potentially on imports from the entire world. On January 20, President Trump issued a presidential memorandum taking the first steps toward implementing this agenda. Continue reading
What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part III): A 12-Step Plan for Coping with Tariff and Supply Chain Uncertainties – 12-step program form mitigation of tariff risks under Trump administration — Part III of a three-part series (with a possible Part IV to come). Continue reading
Jason Mehta Assesses Trump Administration Scrutiny of Medicare Advantage – Foley & Lardner LLP partner Jason Mehta assessed the potential enforcement approach of the Trump administration on Medicare Advantage plans in the Law360 article, “Medicare Advantage ‘Upcoding’ In Federal Crosshairs.” Continue reading
Thomas Ferrante on Rise of RPM Company Audits – “It’s Just So Complicated” – Foley & Lardner LLP partner Thomas Ferrante commented on the federal government’s increased scrutiny of remote patient monitoring (RPM) company practices in the Fierce Healthcare article, “HHS watchdog raised concerns over remote patient monitoring companies. Audits are now on the rise.” Continue reading
Kinal Patel Assesses Medicare Policy Under Trump Administration – Foley & Lardner LLP partner Kinal Patel commented in the Modern Healthcare article, “Shared Savings Program ACOs wary as CMS halts pay models,” describing potential changes to watch as the Trump administration considers Medicare policy. Continue reading
Judith Waltz Assesses HHS Plan to Fast-Track Policy – Foley & Lardner LLP partner Judith Waltz weighed in on the U.S. Health and Human Services’ (HHS) plan to speed policymaking through bypassing the public notice and comment process in Modern Healthcare and Report on Medicare Compliance. Continue reading
Key Takeaways: 7th Annual “Let’s Talk Compliance” Conference – PYA and Foley & Lardner hosted the 7th Annual “Let’s Talk Compliance” two-day virtual conference on January 23 and 24, 2025. Panelists included Foley attorneys and PYA subject matter experts. This key takeaway article explains how the health care & life sciences sector will be impacted by privacy & cybersecurity and antitrust M&A concerns, and how the sector will be affected post-Chevron in the new Administration. Continue reading
Medicare Payment Model Trends and Economic Drivers – Awaiting Direction from Trump Administration – The Medicare program continues to face long term financial pressures associated with inflationary effects on health care costs and the growing wave of aging baby boomers. The Medicare Trust Fund, which is often viewed as a foil for health care affordability, has long faced a proverbial financing question. Continue reading
Alexandra Maulden Describes Digital Health Care Industry’s Reaction to Evolving Regulatory Landscape – Foley & Lardner LLP attorney Alexandra Maulden commented in the Modern Healthcare article, “Uncertainty in Washington rattles telehealth sector,” offering insight on how digital health care companies are confronting a constantly evolving regulatory landscape. Continue reading
Marika Miller Assesses DEA Special Registrations for Telehealth – Foley & Lardner LLP attorney Marika Miller commented in the TechTarget article, “What DEA’s special registrations mean for telehealth prescribing,” describing the intent and potential ramifications of the U.S. Drug Enforcement Administration’s proposed rule for the telehealth industry. Continue reading
Judith Waltz on Trump Administration Deregulation Order, Impact on CMS – Foley & Lardner LLP partner Judith Waltz commented on the Trump administration’s executive order requiring federal agencies cut ten regulations for each newly created one in the Modern Healthcare article, “CMS may evade Trump’s sweeping deregulation order.” Continue reading
Marika Miller and Alexandra Maulden Quoted on OUD Treatment Rules – Foley & Lardner LLP attorneys Marika Miller and Alexandra Maulden commented in the Fierce Healthcare article, “The fate of virtual OUD treatment lies in a mess of intertwined final and proposed regulations.” Continue reading
Kyle Faget Assesses Trump Administration’s Approach to Addiction Treatment – Foley & Lardner LLP partner Kyle Faget commented in the Pharmaceutical Technology article, “Treating alcohol addiction: filling the medication gap,” assessing the Trump administration’s potential approach in tackling addiction treatment. Continue reading
Foley Attorneys on Medicare Telehealth Coverage – ‘Everyone thought telehealth was bipartisan and safe’ – Foley & Lardner LLP attorneys Marika Miller and Alexandra Maulden are quoted in the Pulmonology Advisor article, “Pandemic Expansion of Medicare Telehealth Coverage Set to End March 31.” Continue reading
Thomas Ferrante Comments on Proposed Final Buprenorphine Rule – Foley & Lardner LLP partner Thomas Ferrante is quoted in the MedCity News article, “Why Telehealth Advocates Are Calling on the Trump Administration to Withdraw New Telemedicine Rules.” Continue reading
Nathan Beaver and Marika Miller Quoted on DEA Proposal on Special Registration for Telemedicine – Foley & Lardner LLP attorneys Nathan Beaver and Marika Miller are quoted in the healthleaders article, “Prescribing Pullback: Telehealth Advocates Ask Trump to Withdraw DEA Proposal.” Continue reading
Nathaniel Lacktman Calls for Swift Action on Remote Prescribing Rules Under New Administration – Foley & Lardner LLP partner Nathaniel Lacktman described the need for quick action under the new Trump administration on flexibilities for telemedicine prescribing in the Modern Healthcare article, “3 Biden healthcare regulations Trump will have to finalize.” Continue reading
Marika Miller Shares Insight on DEA’s Proposed Special Registration for Telehealth Providers of Controlled Substances – Foley & Lardner LLP attorney Marika Miller shared insight on the U.S. Drug Enforcement Administration’s (DEA) proposed special registration process for health care providers prescribing controlled substances via telemedicine in MedPage Today and STAT. Continue reading
Patrick Daugherty Addresses Avenues for Crypto Case Resolution Under New Administration – Foley & Lardner LLP partner Patrick Daugherty addressed how cryptocurrency cases may be resolved under the new administration in the Bloomberg Law article, “Novel Crypto Rulings to Fill Case Flow Void Left by Trump’s SEC.” Continue reading
Christi Lawson Assesses CFPB’s New Direction Under Trump Administration – Foley & Lardner LLP partner Christi Lawson commented on changes at the Consumer Finance Protection Bureau (CFPB) in Banking Dive, sharing insight on the potential direction the bureau will take under the new administration. Continue reading
CFPB, FDIC, and OCC Updates: Firings, Appointments, and Potential Consolidation – We previously reported on changes to leadership at the Consumer Financial Protection Bureau (CFPB), the halt of all activities at the CFPB, and the impacts to the financial services industry. The environment continues to evolve, intensifying uncertainty for regulation and the industry, as the federal agencies responsible for regulating the financial services industry, including the CFPB, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, are impacted by the new administration’s overhaul of regulatory agencies. Continue reading
Foley Attorneys on CFPB Shutdown – Industry in “Wait-and-See Mode” – Foley & Lardner LLP attorneys Christi Lawson, Natasha Dempsey, and Whitney Nicholas assessed the Trump administration’s curtailment of the Consumer Financial Protection Bureau (CFPB) in the Newsweek article, “What CFPB Shutdown Means for Junk Fees.” Continue reading
New Consumer Financial Protection Bureau Acting Director Expands Freeze to All CFPB Activities; CFPB Office Closes – We previously reported that Treasury Secretary Bessent was named as the acting director of the Consumer Financial Protection Bureau (CFPB), and he subsequently ordered the CFPB staff to halt several activities. However, the situation at the CFPB remains in flux, with more changes occurring over the weekend. Continue reading
Treasury Secretary Bessent Heads Consumer Financial Protection Bureau, Immediately Orders Freeze of CFPB Activities – On Saturday, February 1, 2025, it was announced that President Donald Trump had removed Rohit Chopra as director of the Consumer Financial Protection Bureau (CFPB). In a statement from the CFPB on February 3, 2025, recently confirmed Treasury Secretary Scott Bessent is now the acting director for the CFPB. Continue reading
Is the Future of Digital Assets in the United States Bright Again? – President Trump and Acting SEC Chairman Mark Uyeda are moving quickly to change the federal government’s approach to regulating the digital assets ecosystem. Continue reading
Federal Judge Restrains Liability for Alleged False DEI Certifications – President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs and, specifically, § 3(b)(iv)) cannot be the basis for liability — at least for one proactive litigant in the Northern District of Illinois. The holding could have broader implications for False Claims Act defendants concerned about evolving certification requirements. Continue reading
FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies – Starting March 21, only foreign companies that have registered to do business in the U.S. will be required to comply with the CTA. Continue reading
Treasury Department Announces Suspension of Enforcement of Corporate Transparency Act Against U.S. Citizens and Domestic Reporting Companies – The Department’s announcement would appear to end the CTA regulatory regime for all entities other than foreign companies that have registered to do business in the U.S. Continue reading
The More Things Change… DOJ’s Latest Cyber Settlement Shows Continued False Claims Act Risk – Although the change in administrations has heralded shifting enforcement priorities at the U.S. Department of Justice, cybersecurity enforcement under the False Claims Act appears to be alive and well. Continue reading
David Simon on Trump FCPA Pause – ‘That skill set remains critical’ – Foley & Lardner LLP partner David Simon commented in the Law.com article, “Trump’s Pause on FCPA Enforcement Triggers Doubts and Disappointment in Latin America,” sharing background on what the pause on new Foreign Corrupt Practices Act (FCPA) cases and review of existing investigations means for clients operating under its scope. Continue reading
Joseph Swanson Comments on Recent Cybersecurity FCA Settlement – Foley & Lardner LLP partner Joseph Swanson commented on a recent settlement in a health care and cybersecurity case in the Lexology article, “DOJ secures US$11 million cybersecurity-related False Claims Act Settlement.” Continue reading
Renewed Prohibition on Use of Sub-Regulatory Guidance – Key to False Claims Act Cases – “It’s déjà vu all over again.” Attorney General Pam Bondi has not surprisingly renewed the prior Trump administration’s prohibition on the use of sub-regulatory guidance, potentially altering the landscape for False Claims Act cases pursued during the second Trump administration. Continue reading
Christopher Swift Comments on FCPA Enforcement Pause – Foley & Lardner LLP partner Christopher Swift commented on the Trump administration’s executive order pausing enforcement of the Foreign Corrupt Practices Act in The New York Times article, “Moves by Trump and Bondi Raise Hopes of Those Accused of Foreign Corruption.” Continue reading
Business Impacts of Trump’s Executive Order Pausing FCPA Enforcement – On February 10, President Trump issued an Executive Order, Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security, signaling a shift in U.S. enforcement priorities regarding foreign bribery. Continue reading
How Risky Are DEI Programs Under Trump 2.0? – Trump executive order to end all DEI and ESG programs under threat of FCA charges. Continue reading
What Every Auto-Sector Company Should Know About … the New Automotive Tariffs – On April 3, 2025, President Trump issued the full details of the automotive tariffs, including the exact Harmonized Tariff Schedule subheadings to which the automotive tariffs apply. This completed the implementation of the automotive tariffs, first announced on March 26, 2025, which established comprehensive 25% tariffs on imported automobiles (sedans, sport utility vehicles, crossover vehicles, minivans, and cargo vans) as well as light trucks. Continue reading
Ann Marie Uetz Quoted on New Tariffs Effect on Automotive Industry – Foley & Lardner LLP partner Ann Marie Uetz shared insights on how new tariffs are impacting supply chains and the automotive industry in a Bloomberg live blog covering all aspects of the Trump administration’s tariff announcement and rollout, and the Crain’s Chicago Business article, “Now comes the hard part: Sifting through the Trump tariff wreckage.” Continue reading
Vanessa Miller on Impact of ‘Liberation Day’ Tariffs on Automotive Industry – ‘Disputes Could Escalate Quickly” – Foley & Lardner LLP partner Vanessa Miller discussed how the automotive industry is reacting to the Trump administration’s “Liberation Day” announcement of new tariffs in The Detroit News article, “Trump tariffs prompt retaliation, plunging stocks, auto plant shutdowns.” Continue reading
Vanessa Miller Comments on Impact of Tariffs on EVs – Foley & Lardner LLP partner Vanessa Miller describes how new tariffs are impacting the electric vehicle industry in the Associated Press article, “US electric vehicle industry is collateral damage in Trump’s escalating trade war.” Continue reading
Vanessa Miller Weighs in on Trump Automotive Tariffs – Foley & Lardner LLP partner Vanessa Miller commented on the Trump administration’s imposition of automotive tariffs in the Associated Press article, “Trump’s latest auto tariffs explained: What car buyers should know this year.” Continue reading
Brainwaves: 100 Days and Beyond | Presidential Policy Shifts Impacting Automotive – In a recent Brainwaves event hosted by the Society of Automotive Analysts and Foley & Lardner LLP, titled “100 Days and Beyond: Presidential Policy Shifts Impacting Automotive,” business and legal executives gathered in Detroit to discuss the significant shifts in presidential policies and their profound impact on the automotive sector. Continue reading
Foley Attorneys Featured for Automotive Roundtable – Foley & Lardner LLP features in Bloomberg, Forbes, Automotive News, and Autoweek for a roundtable discussion hosted in the firm’s Detroit office on the state of the automotive industry. Continue reading
Special Foley Automotive Update – Trump Administration and Tariff Policies – This special edition of Foley & Lardner’s Automotive Update provides a summary of key developments affecting the industry. Continue reading
Ann Marie Uetz Comments on the Impact of Expanded Steel and Aluminum Tariffs on the Automotive Industry – Foley & Lardner LLP partner Ann Marie Uetz was recently quoted in the NPR article, “Automakers brace for higher costs as steel and aluminum tariffs kick in,” discussing the effects of the U.S. government’s expanded tariffs on steel and aluminum, which are expected to add more pressure on the automotive industry. Continue reading
Ann Marie Uetz on Trump Tariffs – ‘Suppliers are hyper-focused’ – Foley & Lardner LLP partner Ann Marie Uetz assessed automotive supplier sentiment in the Crain’s Detroit article, “Auto suppliers, lawyers weigh when and how to take action to deal with Trump tariffs.” Continue reading
Vanessa Miller on Tariff Threat Impact to Automotive Supply Chain – ‘It’s a mess’ – Foley & Lardner LLP partner Vanessa Miller described how the specter of U.S. tariffs on Canada and Mexico is disrupting the auto industry in The Wall Street Journal article, “Tariff Threat Prompts Automakers to Find New Suppliers, Consider Higher Prices.” Continue reading
Justus Britt Assesses Suspension of National EV Infrastructure Program – Foley & Lardner LLP senior counsel Justus Britt assessed the Trump administration’s suspension of the National Electric Vehicle Infrastructure (NEVI) program in the Law360 article, “EV Charging Supply Chain In Limbo Amid Funding Freeze.” Continue reading
Amanda Beggs and Peter Tomasi Publish on Emission Standards Under Trump Administration – Foley & Lardner LLP partners Amanda Beggs and Peter Tomasi authored the Westlaw Today article, “Pumping the brakes? Outlook for state and federal vehicle, engine and equipment emissions standards.” Continue reading
Nicholas Ellis on Electric Vehicle Rollbacks – ‘Automotive industry doesn’t turn on a dime’ – Foley & Lardner LLP partner Nicholas Ellis described difficulties faced by automakers amid a shift in regulatory policy in the Law360 article, “Trump EV Rollbacks Spell Regulatory Whiplash For Auto Cos.” Continue reading
Nikhil Pradhan Assesses FDA AI Draft Drug Guidance’s IP Impact – Foley & Lardner LLP senior counsel Nikhil Pradhan shared important context on the U.S. Food and Drug Administration’s draft guidelines for AI use in decision making within the pharmaceutical industry in the pharmaphorum article, “Regulating the invisible hand: Inside the FDA’s AI playbook.” Continue reading
Aaron Tantleff Weighs in on Trump Administration AI Pivot – Foley & Lardner LLP partner Aaron Tantleff commented in the Roll Call article, “Trump reboots AI policy,” describing the impact on technology clients of the Trump administration’s pivot on artificial intelligence policy. Continue reading
2023 AI Executive Order Revoked – President Donald Trump’s revocation signals a major policy change, transitioning away from the federal oversight put in place by the previous administration and indicating a preference for less regulation of the artificial intelligence ecosystem. Continue reading
Aaron Tantleff Describes ‘Climate of Regulatory Uncertainty’ for Companies Leveraging AI – Foley & Lardner LLP partner Aaron Tantleff is quoted in the BigDATAwire article, “Trump Rescinds Biden’s AI Order, Announces $500B Investment in AI Infrastructure,” offering insight on the challenges companies leveraging artificial intelligence may encounter following the shift in regulatory policy. Continue reading
Eli Mazour Joins Podcast to Discuss IP Predictions Under New Administration – Foley & Lardner LLP of counsel Eli Mazour appeared on the AUTM on the Air podcast episode, “2025 Predictions for the IP, Tech Transfer, and AI Landscapes With Eli Mazour,” to assess the trends, challenges, and opportunities ahead for technology transfer professionals and intellectual property practitioners under the new administration. Continue reading
President Trump’s Tariffs Announcement and their Impact on Mexico – President Trump’s announcement of tariffs will impact trade partners across the globe. As it relates to Mexico, products that comply with USMCA regulations are exempt, while those that are not will carry a 25%. With other countries being hit harder by tariffs, Mexico may attract investment from those countries who may want to consider Mexico for their manufacturing operations. Continue reading
Gregory Husisian Featured in Q&A on How Tariffs are Impacting Businesses – Foley & Lardner LLP partner Gregory Husisian is featured in the Supply Chain Digital article, “Trump Tariffs: What Businesses and Importers Need to Know,” where he offers key insights into the rapidly shifting tariffs and trade landscape and highlights the most pressing issues facing businesses. Continue reading
Gregory Husisian Reacts to ‘Liberation Day’ Tariffs – Foley & Lardner LLP partner Gregory Husisian commented on the Trump administration’s “Liberation Day” announcement and implementation of new tariffs in the Global Trade Review article, “Global trade left reeling by Trump’s ‘Liberation Day’ tariffs.” Continue reading
What Every Multinational Company Should Know About … The New Steel and Aluminum Tariffs (Part II) – As reported in our prior article, “What Every Multinational Company Should Know About … The New Steel and Aluminum Tariffs (Part I),” President Trump signed two proclamations on February 10, 2025, imposing 25-percent tariffs on aluminum and steel. Continue reading
What Every Multinational Company Should Know About … The New Steel and Aluminum Tariffs (Part I) – On February 10, 2025, President Trump signed proclamations titled Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum into the United States. The proclamations cover both steel and aluminum tariffs, which will be raised to a flat 25 percent. Continue reading
Make Food “Healthy” Again: FDA’s Resolution for a Healthier 2025 – The U.S. Food and Drug Administration (FDA) began 2025 with a resolution to make food “healthy” again by announcing rules intended to make it easier for consumers to identify healthy food choices. The rules include a new ban on the use of red dye No. 3, among others. Continue reading
Andrew Wronski Weighs in on New Administration’s Potential Impact on Manufacturing Sector – Foley & Lardner LLP partner Andrew Wronski is featured for his insights on the incoming presidential administration’s impact upon the manufacturing sector in the Milwaukee Business Journal article, “Tariff-ied of the Future?“ Continue reading
Cybersecurity Executive Order — Key Implications for the Manufacturing Industry – The manufacturing sector is encountering an increasing number of sophisticated threats, including ransomware attacks, vulnerabilities in the supply chain, and intellectual property theft. While the future of Biden’s cybersecurity executive order under the Trump administration is uncertain, manufacturers cannot afford to postpone action. This article, jointly authored with the Cybersecurity Manufacturing Innovation Institute, provides guidance tailored to manufacturing companies navigating this evolving regulatory and threat environment. Continue reading
Latest FCA Cybersecurity Settlement Shows Enforcement Remains a Priority Under Trump Administration – A recent United States Department of Justice (DOJ) announcement reinforces that enforcement of cybersecurity requirements under the False Claims Act (FCA) remains an ongoing risk. According to the press release, defense contractor MORSECORP Inc. (MORSE) agreed to pay US$4.6 million to resolve a FCA matter arising from a qui tam relator’s suit alleging that MORSE failed to comply with certain U.S. Department of Defense cybersecurity requirements. Continue reading
Louis Lehot Describes ‘Wait-and-see’ M&A Sentiment Under New Administration – Foley & Lardner LLP partner Louis Lehot described the current M&A environment under the new presidential administration in Mergermarket and Crunchbase News. Continue reading
Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity and Potential Implications Under the Trump Administration – The Trump administration’s approach to cybersecurity remains uncertain, but early signs indicate possible adjustments to Biden’s cybersecurity executive order. Regardless of whether the executive order remains in effect, organizations should prioritize cybersecurity to mitigate risks and uphold resilience. Continue reading
The Trump Administration: Developments in Environmental Policy – From the outset, key goals of the incoming Trump Administration have been: supporting fossil fuel development, ending incentives for renewable energy and energy transition, removing “burdensome” environmental regulations and policies, and stepping back action on climate change and environmental justice initiatives. Continue reading
The Environmental Brief: Incoming EPA and Enforcement Regulatory Changes – Campaign promises to dismantle burdensome regulations could lead to significant revisions to the current regulatory landscape, and the Environmental Protection Agency (EPA) has been named as one of these potential targets. The recent presidential election will likely signal a shift in current federal policies, particularly those overseen by the EPA. Continue reading
Foley Attorneys Publish on Antitrust Enforcement in Government Procurement – Foley & Lardner LLP attorneys Mark Grundvig, Michelle Freeman, Lea Gulotta James, and Katharine Young authored the Criminal Justice Magazine article, “Antitrust Enforcement in Government Procurement: A Look at Enforcement Trends at the Five-Year Anniversary of the Antitrust Division’s Procurement Collusion Strike Force,” published by the American Bar Association. Continue reading
Hart-Scott-Rodino Reporting Threshold Increases by US$6.9 Million – The FTC has begun releasing guidance about sweeping changes to Hart-Scott-Rodino reporting thresholds that are slated to take effect on February 10, but these rule changes are being challenged in court, and there is speculation that the new Trump administration might delay their implementation. Continue reading
A Little Too Late: The Department of Justice and Federal Trade Commission’s Last Minute New Antitrust Guidelines for Business Activities Affecting Workers – In a last-ditch effort, the FTC and DOJ issued new guidelines replacing the 2026 “Antitrust Guidance for Human Resource Professionals,” but exactly what role — if any — the new guidelines will play in the future remains in the air. Continue reading
Trump Administration’s Executive Orders Attempt To Reset Sex & Gender Identity Issues in Women’s Sports – In the days immediately following his inauguration, President Trump issued a wide range of Executive Orders, including Executive Order 14201 (Keeping Men Out of Women’s Sports). While EO14201 will likely face legal challenges in implementation, especially given conflicting state laws and the deep political divide, it portends potentially seismic policy shifts around women’s and college sports. Continue reading
Foley Attorneys Explore Election Impact on NCAA – Foley & Lardner LLP attorneys Jon Israel, Zachary Flagel, and John Riley authored the Sports Business Journal article, “The 2024 U.S. election: A turning point for the NCAA?“ Continue reading
Preparing for a “Common-Sense” FAR: What Federal Contractors Need to Know About the Trump Administration’s Plans to Streamline the Federal Acquisition Regulation – On April 15, 2025, President Trump issued Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which directs his Administration to make major revisions to the Federal Acquisition Regulation (FAR)—the voluminous set of rules governing the U.S. Government’s acquisition of products and services—with the stated purpose of making the federal procurement process more “agile, effective, and efficient.” Continue reading
State of Play: Temporary Pause of Agency Grants, Cooperative Agreements, Loans, and Other Financial Assistance Programs – Office of Management and Budget (OMB) ordered all federal agencies to temporarily suspend grants, cooperative agreements, and loan payments, with the exception of Social Security, Medicare, and “assistance provided directly to individuals.” Continue reading
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