Trump Administration Resource Hub: Legal and Business Insights
From executive orders to congressional action to new political norms, Foley & Lardner’s Trump Administration Resource Hub is your go-to source for all things related to the federal administration.
Presidential Administration Insights
One Big Beautiful Bill: Slashed Budgets Will Disrupt the Medicaid Program – The new federal budget law, the One Big Beautiful Bill Act, enacted on July 4, 2025, makes dramatic changes to the Medicaid program. Health care providers, plans, patients, and other stakeholders that work with Medicaid populations should prepare for these changes. Continue reading
Changes to the College and University Endowment Tax – The One Big Beautiful Bill Act modifies the excise tax on net investment income of private colleges and universities under Internal Revenue Code Section 4968. The bill replaces the previous flat 1.4% excise tax (which applied to the net investment income of certain private higher education institutions) to a tiered tax structure. Continue reading
Surprises Await Employers in One Big Beautiful Bill – As has been widely reported in the general media, on July 4, 2025, in a White House ceremony that included a flyover by B-2 Stealth Bomber, President Donald Trump signed into law HR1, which is officially known as the One Big Beautiful Bill Act. It is a massive, 870 pages-long budget appropriation and immigration and tax reform measure that will have broad impact on America in the years to come. There are two key provisions which will have an immediate impact of the HR function. Continue reading
Trump Administration Passes the One Big Beautiful Bill Act – On July 4, 2025, President Trump signed H.R. 1—referred to as the One Big Beautiful Bill Act (OBBBA). The OBBBA extends and makes permanent certain provisions in the 2017 Tax Cuts and Jobs Act that were set to expire in 2025 and adds new tax measures. Continue reading
One Big Beautiful Bill Act – Tax Considerations for Investment Funds – On July 4, 2025, President Donald Trump signed into law extensive tax legislation as part of the One Big Beautiful Bill Act (OBBBA) that will impact the investment fund industry. Perhaps one of the most important aspects of the OBBBA is not what it changes but rather what remains unchanged. Continue reading
ITC and PTC Changes Under the Big Beautiful Bill Act – The Big Beautiful Bill Act made a number of changes to the clean electricity production credit under Section 45Y of the Internal Revenue Code, the clean electricity investment credit under Section 48E of the Internal Revenue Code, and other renewable energy tax credits. Continue reading
The One Big Beautiful Bill Act (OBBBA) Expands and Modifies Opportunity Zones – The opportunity zones tax incentive was enacted in 2017 as a part of the Tax Cuts and Jobs Act to increase long-term investment in “qualified opportunity zones”, which are population census tracts in “low-income communities” and certain tracts contiguous with low-income communities nominated by state governors and certified by the U.S. Department of Treasury. Census tracts were designated in all 50 states and Puerto Rico—these designations were set to expire at the end of 2028. Continue reading
One Big Beautiful Bill Act Permanently Increases the Lifetime Estate, Gift and GST Tax Exclusion – On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA). The OBBBA extended and may permanent many key provisions of the 2017 Tax Cuts and Jobs Act, including the Lifetime Estate, Gift, and GST Tax Exclusion. Continue reading
One Big Beautiful Bill Updates to Qualified Small Business Stock Rules under Section 1202 – As part of the newly enacted One Big Beautiful Bill Act, Congress adopted the first substantive amendments to Section 1202–which prescribes the qualified small business stock rules–in over a decade. Continue reading
Trump Accounts: The New Child Savings Account Established Under the One Big Beautiful Bill Act – On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA). The OBBBA established a new type of tax-advantaged savings account for minors, known as “Trump Accounts.” Continue reading
What’s the Future for Renewable Energy Tax Credits in Congress? – The One Big Beautiful Bill Act has a significant impact on the renewable energy sector, particularly with changes in the phase-out schedules for wind and solar projects under Section 45Y and 48E, as well as the nuances between the “beginning of construction” and “placed in service” language. Continue reading
The HDHP Telehealth Safe Harbor Returns – For Good This Time – President Trump signed into law the One Big Beautiful Bill Act (OBBBA) on July 4, 2025. The telehealth safe harbor, which allowed first dollar coverage of telehealth services without impacting Health Savings Account eligibility for High Deductible Health Plan members during the COVID-19 pandemic, has returned in the OBBBA. Continue reading
U.S. and International Antitrust Agencies Signal Aggressive Antitrust Enforcement in Procurement, Consumer Products, and Labor Markets – As we previously reported, the Department of Justice and Federal Trade Commission are increasingly monitoring companies for anticompetitive conduct in response to rising costs following the implementation of tariffs. In particular, companies should be prepared for continued, perhaps even greater, monitoring of cartel-like behavior in procurement or commodities spaces, which the Trump Administration has made clear are high priorities in its antitrust agenda. 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
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
Vanessa Miller Assesses State of EV Market Under New Administration – Foley & Lardner LLP partner Vanessa Miller assessed the state of the electric vehicle market under the new administration in The Wall Street Journal article, “How Trump’s Policies Will Slow—but Not Kill—a Transition to Cleaner Energy.” 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
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
ITC and PTC Changes Under the Big Beautiful Bill Act – The Big Beautiful Bill Act made a number of changes to the clean electricity production credit under Section 45Y of the Internal Revenue Code, the clean electricity investment credit under Section 48E of the Internal Revenue Code, and other renewable energy tax credits. Continue reading
What’s the Future for Renewable Energy Tax Credits in Congress? – The One Big Beautiful Bill Act has a significant impact on the renewable energy sector, particularly with changes in the phase-out schedules for wind and solar projects under Section 45Y and 48E, as well as the nuances between the “beginning of construction” and “placed in service” language. 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
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
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
SEC and CFTC Extend Form PF Compliance Date Again – On June 11, 2025 the Securities and Exchange Commission and Commodity Futures Trading Commission again extended the compliance date for the most recent Form PF amendments, providing a near four-month reprieve for firms struggling with implementation. 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
The Trump Administration 2.0’s FCPA Enforcement Strategy: What You Need to Know – On June 9, 2025, the U.S. Department of Justice released significant new guidance outlining how it will pursue cases under the Foreign Corrupt Practices Act, marking a reorientation in U.S. anti-bribery enforcement. Continue reading
Another FCA Cybersecurity Settlement Reinforces the Enforcement Trend – A recent United States Department of Justice announcement highlights the fact that the government’s emphasis on cybersecurity enforcement under the False Claims Act is not slowing down. Continue reading
DOJ Criminal Division Updates (Part 3): New Reasons for Companies to Self-Disclose Criminal Conduct – On May 12, 2025, the U.S. Department of Justice (DOJ) announced revisions to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). As a part of the new administration’s priorities and policies for prosecuting corporate and white collar crimes, the head of the Criminal Division directed the Fraud Section and Money Laundering and Asset Recovery Section to revise the CEP and clarify that additional benefits are available to companies that self-disclose and cooperate. Continue reading
DOJ Criminal Division Updates (Part 2): Department of Justice Updates its Corporate Criminal Whistleblower Awards Pilot Program – On August 1, 2024, the Department of Justice’s (DOJ) Criminal Division launched a three-year Corporate Whistleblower Awards Pilot Program (the “Pilot Program”). The Pilot Program marked a significant effort by the DOJ to enhance its ability to fight corporate and white collar crime by enlisting whistleblowers to aid in the effort. Continue reading
DOJ Criminal Division Updates (Part 1): DOJ’s New White Collar Crime Enforcement Plan – On May 12, DOJ’s Criminal Division head, Matthew G. Galeotti, issued a memo to all Criminal Division personnel, entitled “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime,” to “outline the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new administration.” 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
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
The HDHP Telehealth Safe Harbor Returns – For Good This Time – President Trump signed into law the One Big Beautiful Bill Act (OBBBA) on July 4, 2025. The telehealth safe harbor, which allowed first dollar coverage of telehealth services without impacting Health Savings Account eligibility for High Deductible Health Plan members during the COVID-19 pandemic, has returned in the OBBBA. Continue reading
Drug Pricing: Trump Signs “Most Favored Nation” Executive Order – On May 12, 2025, President Trump signed the second drug pricing-related Executive Order (EO) of his current administration. While President Trump’s first drug pricing-related EO focused on lowering the cost of prescription drugs by continuing and modifying the negotiations initiated by the Inflation Reduction Act of 2022 and issuing directives for administrative agencies to initiate cost cuts, this EO focuses on global comparative pricing. 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
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
What U.S. Businesses Need to Know About Reentering the Syrian Market & the Changing Post-Assad Sanction Landscape – On May 23, 2025, approximately five months after the Assad regime was overthrown, the Department of the Treasury’s Office of Foreign Assets Control officially issued Syria General License 25, which lifted the sanctions initially placed on Syria through a series of U.S. executive orders. Continue reading
Ninth Circuit Slams Importer in a False Claims Act Case Involving the Knowing Avoidance of Antidumping Duties – A recent Ninth Circuit decision underscores why importers should be worried that they will be hit with a large government bill under the False Claims Act to pay for newly raised duties imposed on imported products. The case concerned an importer of welded pipe fittings from China that fought antidumping duties and took its case to trial before a jury. Continue reading
Foreign Companies, U.S. Risk: The False Claims Act Can Be a Global Compliance Risk – The Trump Administration’s Department of Justice has made clear that it will aggressively use the False Claims Act as part of its corporate enforcement program. The message is not subtle. Enforcement actions are accelerating, and the statute’s scope is being leveraged aggressively to advance broader economic, political, and cultural priorities. Continue reading
What Every Multinational Company Should Know About … Mitigating Risks Posed by the New Trump Administration Focus on Drug Cartels and TCOs – The Trump Administration’s crackdown on cartels and transnational criminal organizations operating abroad and in the United States is a significant Department of Justice priority. Continue reading
Customs Fraud Makes the Big Leagues: DOJ’s New White-Collar Priorities Confirm Heightened Risk – On May 12, DOJ Criminal Division Chief Matthew Galeotti announced 10 high-impact white-collar enforcement priorities. Sitting alongside health care fraud, corporate recidivism, and national-security-linked corruption was something you would not have seen from prior administrations: customs and trade fraud, including tariff evasion. Continue reading
What Every Multinational Company Should Know About … The Recent Court Decisions Striking Down the IEEPA Tariffs – This year, U.S. trade policy has undergone a dramatic shift, driven by a series of presidential proclamations that have raised tariff rates sharply. Some tariffs (such as the global and reciprocal tariffs, and the special tariffs relating to fentanyl and unauthorized immigration) have been issued under the International Emergency Economic Powers Act (IEEPA), and others have been issued using Section 232 (the sectoral tariffs on steel, aluminum, and passenger vehicles and light-duty trucks). Continue reading
What Every Multinational Company Should Know About … The Current Trump Tariff Proposals (June 2025 Update) – Less than five months into the new administration, we have already seen more than 50 tariff proclamations. With new tariffs being proposed, imposed, revoked, suspended, and sometimes reimposed, it can be difficult for importers to keep up with all the proclamations. Continue reading
What Every Multinational Company Should Know About … The Likely Landing Spot for the Trump Tariffs – One of the most common questions we get from clients is, “What is the future of the Trump administration’s tariff strategy?” With President Trump having issued over 50 tariff proclamations — a six-month sprint of more major changes to the tariff system than occurred over the prior 90 years — it can be hard to keep in mind that there will eventually be a landing spot for the tariffs. Continue reading
U.S. and International Antitrust Agencies Signal Aggressive Antitrust Enforcement in Procurement, Consumer Products, and Labor Markets – As we previously reported, the Department of Justice and Federal Trade Commission are increasingly monitoring companies for anticompetitive conduct in response to rising costs following the implementation of tariffs. Continue reading
What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part III) – We complete the series on “Customs Enforcement and False Claims Act Risks” with Part III, which focuses on preparing for the most common FCA risks arising from improper management of import operations. Continue reading
What Every Multinational Company Should Know About … Potential Antitrust Exposure of Tariff-Related Pricing Changes – As companies face mounting cost and supply pressures from rising tariffs, pricing managers are under growing pressure to adjust pricing strategies in fast-moving and uncertain conditions. Continue reading
What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II) – As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to data mine, and the Department of Justice’s (DOJ) stated focus on using the False Claims Act (FCA) substantially increases import-related risks. In light of this heightened risk, Part II and the forthcoming Part III of this series focus on preparing for specific areas where we see heightened enforcement risk, both for Customs and FCA penalties, with this article addressing the most common FCA risks arising from submitting false Form 7501 entry summary information. Continue reading
What Every Multinational Company Should Know About…Tariff Strategies for Sell-Side Contracts – With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased tariff costs might adversely affect profitability, and whether there are any strategies to mitigate the losses. 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
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
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 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
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
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
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
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
Your Company Received an ICE Notice of Inspection — Now What? – Across the country, ICE has been actively issuing Notices of Inspections (NOI) to obtain I-9 forms and other key records regarding the businesses and the persons they employ at construction companies, factories, hospitality locations, restaurants, and other businesses such as agricultural businesses. Continue reading
Achieving DEI Compliance…On Your Website – Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI climate and applicable law critical to organizations advancing efforts to support DEI initiatives. Continue reading
Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And State) Law – On May 1, 2025, the Wage and Hour Division of the U.S. Department of Labor issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a move that should be welcomed by manufacturers and franchisors who depend on workforce models including independent contractors. Continue reading
Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Group Employee Terminations – Many companies are scrambling to quickly assess how to reduce the business impact of the upheaval to U.S. manufacturing and trading with the recent onslaught of tariffs threatened or imposed by the United States and the related global response. Continue reading
Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Reducing or Suspending Qualified Retirement Plan Contributions – This article considers several questions employers may be asking about ways to reduce corresponding costs with respect to employer-sponsored qualified retirement plans, like 401(k), 403(b), and pension plans. Continue reading
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
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
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
Trump Administration Purports to Fire CPSC Commissioners – Despite Congress’s establishment of the Consumer Product Safety Commission (CPSC or Commission) as an independent agency through the Consumer Product Safety Act, recent events indicate that the Trump Administration is taking further action to ensure its accountability to the president alone. Continue reading
Leaked Budget Proposal Suggests Major Restructuring of Federal Health and Safety Agencies, Including the Consumer Product Safety Commission – A recently leaked and apparently genuine Office of Management and Budget (OMB) Budget “Passback” memorandum—the OMB’s official feedback mechanism for budget submissions from federal agencies—signals major changes to the Department of Health and Human Services’ proposed discretionary budget for Fiscal Year 2026. 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
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
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
Changes to the College and University Endowment Tax – The One Big Beautiful Bill Act modifies the excise tax on net investment income of private colleges and universities under Internal Revenue Code Section 4968. The bill replaces the previous flat 1.4% excise tax (which applied to the net investment income of certain private higher education institutions) to a tiered tax structure. Continue reading
Trump Administration Passes the One Big Beautiful Bill Act – On July 4, 2025, President Trump signed H.R. 1—referred to as the One Big Beautiful Bill Act (OBBBA). The OBBBA extends and makes permanent certain provisions in the 2017 Tax Cuts and Jobs Act that were set to expire in 2025 and adds new tax measures. Continue reading
One Big Beautiful Bill Act – Tax Considerations for Investment Funds – On July 4, 2025, President Donald Trump signed into law extensive tax legislation as part of the One Big Beautiful Bill Act (OBBBA) that will impact the investment fund industry. Perhaps one of the most important aspects of the OBBBA is not what it changes but rather what remains unchanged. Continue reading
ITC and PTC Changes Under the Big Beautiful Bill Act – The Big Beautiful Bill Act made a number of changes to the clean electricity production credit under Section 45Y of the Internal Revenue Code, the clean electricity investment credit under Section 48E of the Internal Revenue Code, and other renewable energy tax credits. Continue reading
The One Big Beautiful Bill Act (OBBBA) Expands and Modifies Opportunity Zones – The opportunity zones tax incentive was enacted in 2017 as a part of the Tax Cuts and Jobs Act to increase long-term investment in “qualified opportunity zones”, which are population census tracts in “low-income communities” and certain tracts contiguous with low-income communities nominated by state governors and certified by the U.S. Department of Treasury. Census tracts were designated in all 50 states and Puerto Rico—these designations were set to expire at the end of 2028. Continue reading
One Big Beautiful Bill Act Permanently Increases the Lifetime Estate, Gift and GST Tax Exclusion – On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA). The OBBBA extended and may permanent many key provisions of the 2017 Tax Cuts and Jobs Act, including the Lifetime Estate, Gift, and GST Tax Exclusion. Continue reading
One Big Beautiful Bill Updates to Qualified Small Business Stock Rules under Section 1202 – As part of the newly enacted One Big Beautiful Bill Act, Congress adopted the first substantive amendments to Section 1202–which prescribes the qualified small business stock rules–in over a decade. Continue reading
Trump Accounts: The New Child Savings Account Established Under the One Big Beautiful Bill Act – On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBBA). The OBBBA established a new type of tax-advantaged savings account for minors, known as “Trump Accounts.” Continue reading
What’s the Future for Renewable Energy Tax Credits in Congress? – The One Big Beautiful Bill Act has a significant impact on the renewable energy sector, particularly with changes in the phase-out schedules for wind and solar projects under Section 45Y and 48E, as well as the nuances between the “beginning of construction” and “placed in service” language. 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
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
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