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Judge Vyskocil: Tucker Carlson’s “Extortion” Jab Was Hyperbole, Not Defamation

By Charles Michael

September 24, 2020

In an opinion today, Judge Vyskocil granted Fox News’s motion to dismiss a defamation claim centered on an episode of Tucker Carlson Tonight. In the episode, Carlson was responding to President Trump’s lawyer Michael Cohen having pleaded guilty to campaign finance violations for arranging to pay settlements to two women alleged to have had affairs with Trump. Carlson was critical of media suggestions that Trump should be impeached or held criminally responsible for the payments:…

Blockchain Blog

FinCEN Seeks Comments on Effectiveness of AML Programs, Presenting Rare Opportunity for FinTech and Blockchain Companies

By Alan Cohn, Brian Egan & Evan Abrams

September 22, 2020

On September 16, 2020, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published an advanced notice of proposed rulemaking (ANPRM) seeking comments on regulatory changes to enhance the effectiveness of anti-money laundering compliance programs of regulated financial institutions. As described in FinCEN’s press release, the ANPRM presents an opportunity for financial institutions to provide comments on “a wide range of questions pertaining to potential regulatory amendments under the Bank Secrecy Act…

Cyberblog

329: Dumpster Fire in Cyberspace

By Stewart Baker

September 22, 2020

John Yoo, Mark MacCarthy, and I kick off episode 329 of the Cyberlaw Podcast diving deep into what I call the cyberspace equivalent of a dumpster fire. There is probably a pretty good national security case for banning TikTok. In fact, China did a lot better than the Trump administration when it declared, “You know that algorithm that tells all your kids what to watch all day? That’s actually a secret national security asset…

International Compliance Blog

US Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok

By Peter Jeydel, Martin Willner, Wendy Wysong, Ed Krauland, Jack Hayes, Meredith Rathbone & Brian Egan

September 20, 2020

On September 18, 2020, the US Commerce Department announced the prohibited transactions (which would be effective as of September 20, subject to a court-ordered suspension discussed below) aimed at limiting the use of WeChat (and possibly also TikTok) within the United States. These prohibitions may have some effect outside the United States as well. Technology companies, Internet infrastructure companies, financial institutions, and other companies that support these apps should take particular note since the prohibitions…

PURPA and Distributed Energy Resources Blog

Order No. 2222 – FERC Sows Some Confusion as to Interconnection Jurisdiction for QFs that Are Exclusively DER Aggregation Participants

By Jennifer Key

September 20, 2020

One would think the issue of jurisdiction over interconnections to distribution facilities of resources selling wholesale power could not get more complex. Order No. 2222 proves that it could. Specifically, QF interconnections to distribution, an area where jurisdiction previously had been relatively clear, has been muddled a bit. For decades, FERC has claimed that it has jurisdiction over the interconnection of QFs connected to the distribution systems of FERC-jurisdictional utilities unless the QF was only…

PURPA and Distributed Energy Resources Blog

The Great Order No. 2222 Mystery: Why Aren’t DERs that Participate in Aggregations Subject to Public Utility Requirements?

By Jennifer Key

September 20, 2020

Order No. 2222 goes to great length explaining why DER aggregators selling power are public utilities making FERC-jurisdictional sales under FPA Section 205. FERC holds “to the extent that a distributed energy resource aggregator’s transaction in RTO/ISO markets entails the injection of electric energy onto the grid and a sale of that energy for resale in wholesale electric markets, we find that the Commission has jurisdiction over such wholesale sales.” And, “to the extent a…

International Compliance Blog

Client Advisory: New Orders Issued Barring Imports into the US from Certain Xinjiang-Related Entities

By Brittany Prelogar, Meredith Rathbone, Gregory McCue & Nicholas Kimbrell

September 18, 2020

The US Department of Homeland Security’s Customs and Border Protection agency (CBP) announced on September 14 the issuance of five new withhold release orders (WROs) on entities allegedly using forced labor in or from China’s western Xinjiang Uyghur Autonomous Region (XUAR). The WROs bar the import into the United States of various goods alleged to be produced by forced, indentured, and convict labor (“Forced Labor”), including cotton, apparel, hair, and technology products. CBP’s announcement is…

Investigations and Enforcement Blog

Client Advisory: New Orders Issued Barring Imports into the US from Certain Xinjiang-Related Entities

By Brittany Prelogar, Meredith Rathbone, Gregory McCue & Nicholas Kimbrell

September 18, 2020

Cyberblog

328: Jane’s Fighting Nerds

By Stewart Baker

September 14, 2020

In our 328th episode of the Cyberlaw Podcast, Stewart is joined by Bruce Schneier (@schneierblog), Sultan Meghji @sultanmeghji), and Nate Jones (@n8jones81). The Belfer Center has produced a distinctly idiosyncratic report ranking the world’s cyber powers – a kind of Jane’s Fighting Nerds report. Bruce Schneier and I puzzle over its oddities, but at least the authors provided the underlying assessments to led them to rank the Netherlands No. 5, and Israel nowhere in the…

Investigations and Enforcement Blog

All Bark, No Bite? US House Subpoenas After McGahn

By Patrick Linehan, James Barnette, Brian Heberlig & Jessica Maneval

September 11, 2020

The DC Circuit issued an opinion in late August that could significantly disrupt decades of Congressional investigations practice. In Comm. on the Judiciary of United States House of Representatives v. McGahn, No. 19-5331, 2020 WL 5104869 (D.C. Cir. Aug. 31, 2020), the DC Circuit effectively put an end to the US House Judiciary Committee’s attempt to enforce judicially a subpoena against former White House Counsel Donald McGahn. Pending rehearing en banc and/or appeal,[1] the…

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Judge Vyskocil: Tucker Carlson’s “Extortion” Jab Was Hyperbole, Not Defamation

FinCEN Seeks Comments on Effectiveness of AML Programs, Presenting Rare Opportunity for FinTech and Blockchain Companies

329: Dumpster Fire in Cyberspace

US Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok

Order No. 2222 – FERC Sows Some Confusion as to Interconnection Jurisdiction for QFs that Are Exclusively DER Aggregation Participants

The Great Order No. 2222 Mystery: Why Aren’t DERs that Participate in Aggregations Subject to Public Utility Requirements?

Client Advisory: New Orders Issued Barring Imports into the US from Certain Xinjiang-Related Entities

Client Advisory: New Orders Issued Barring Imports into the US from Certain Xinjiang-Related Entities

328: Jane’s Fighting Nerds

All Bark, No Bite? US House Subpoenas After McGahn

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