Tag Archives: Stephenie Gosnell Handler

The CFIUS Colossus: CFIUS’s Expanding Authority Changes the Risk Calculus for M&A Transactions

by Stephenie Gosnell Handler, Michelle Weinbaum, Mason Gauch, and Chris Mullen

Photos of the authors

Left to right: Stephenie Gosnell Handler, Mason Gauch, and Chris Mullen. (Photos courtesy of Gibson Dunn & Crutcher LLP)

A new final rule from the U.S. Department of the Treasury will expand CFIUS’s authority to request information from parties related to a transaction, increases potential penalty amounts, and expedites mitigation agreement negotiations in certain situations. With the exception of modifying the time frame within which parties are required to respond to mitigation agreement proposals, CFIUS largely adopted the language of its April 2024 proposed rule.

On November 18, 2024, the U.S. Department of the Treasury (“Treasury”), as Chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) issued a final rule largely codifying a rule proposed in April 2024, with only a handful of small, yet meaningful, changes. As noted in the accompanying press release, the final rule: Continue reading →

BIS Final Rule on Voluntary Self-Disclosure Process and Penalty Guidelines Highlights Significant Export Control Violations and Higher Penalties

by Christopher Timura, David Burns, Adam M. Smith, Stephenie Gosnell Handler, Samantha Sewall, Cody Poplin, Chris Mullen, and Audi Syarief

Top left to right: Christopher Timura, David Burns, Adam M. Smith, and Stephenie Gosnell Handler.
Bottom left to right: Samantha Sewall, Cody Poplin, Chris Mullen, and Audi Syarief. Photos courtesy of the authors.

In a final rule effective September 16, 2024, the Department of Commerce’s Bureau of Industry and Security (“BIS”) updated its process for handling voluntary self-disclosures from industry and expanded its discretion to impose higher monetary penalties for violations of export control laws. Whether to submit a voluntary self-disclosure remains a fact-dependent decision and requires careful weighing of factual, legal, practical and policy considerations.

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The Biden Administration Signals New Direction for Cybersecurity

by Alexander Southwell, Stephenie Gosnell Handler, and Eric Hornbeck

From left to right: Alexander Southwell, Stephenie Gosnell Handler, and Eric Hornbeck (photos courtesy of Gibson, Dunn & Crutcher LLP)

The Biden administration has been steadily evolving its views of national security risks and priorities—and what measures the executive branch will take to mitigate those risks.  Last fall’s National Security Strategy called out critical technology and cybersecurity as key national security concerns.  This focus sharpened with the release of the National Cybersecurity Strategy last month.  And, most recently, the administration has submitted a $3.1 billion budget request for the Cybersecurity and Infrastructure Security Agency (CISA), a 22 percent increase from its request last year, to implement that strategy and fund other initiatives.  While strategy is not policy, and budget proposals are not appropriations, these are strong signals of the shifting winds of the administration regarding the tools and incentives the administration will deploy to mitigate cybersecurity risks.

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United States Expands Sanctions Authorization of Internet-Based Activities in Wake of Protests in Iran

by Judith Alison Lee, Adam M. Smith, Stephenie Gosnell Handler, Audi Syarief, and Samantha Sewall.

On September 23, 2022, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued General License D-2 (“GL D-2”), expanding a prior authorization to further facilitate the free flow of information over the internet to, from, and among residents of Iran. GL D-2 authorizes the exportation to Iran of certain services, software, and hardware incident to the exchange of internet-based communications. GL D-2 supersedes and replaces an existing license, General License D-1 (“GL D-1”), that had been in place without update for over eight years. According to the Treasury Department, the updated license is designed to bring the scope of the license in line with modern technology and ultimately to expand internet access for Iranians, providing them with “more options of secure, outside platforms and services.” As noted below, even though GL D-2 certainly expands upon the types of software and services allowed to be exported, one of its principal effects will likely be the enhanced comfort parties may have in providing such technology to Iran. GL D-1 was often not fully leveraged by the exporting community that was concerned about the extent of coverage. GL D-2 is an evident attempt to right this balance, making sure that exporters remain aware of limitations while also providing more certainty to those who wish to leverage the exemption. Continue reading →