On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced further limitations on the sale of advanced semiconductors from the United States to China. This is the Biden administration’s latest effort to limit the capacity of  U.S. technologies to aid in the development of China’s supercomputing and artificial intelligence sectors. These updates also expand the export controls to include all 22 countries with which the U.S. has an arms embargo.

On October 6, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) amended the Export Administration Regulation (EAR) by adding 49 entities to the Entity List for their support of Russia’s military and defense industrial base. The Entity List identifies entities that are believed to be involved, or pose a risk of becoming involved, in activities contrary to the national security or foreign policy of the United States. Once added to the list, these entities, and those who do business with them, are subject to licensing requirements and supplemental regulations.

Phoenix Partner Julie E. Maurer, Chair of the National Cargo & Logistics Practice and co-Chair of the Transportation Practice, along with Partner Andrew Kleiner, recently achieved a favorable outcome on behalf of an interstate moving company through a motion for reconsideration of the partial denial of a motion to dismiss in the U.S. District Court for the Northern District of Ohio.

As summer 2023 came to a close, New York continued to find creative ways to keep employers on their toes. Governor Kathy Hochul signed several new employment bills, some of which have already taken effect.

On September 27, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) added 28 new entities to its Entity List through amendments to the Export Administration Regulations (EAR). Among these listed entities is Russian corporation VSMPO-AVISMA, the world’s largest titanium producer.

Public companies and private securities practitioners take note: The Supreme Court has agreed to rule on a circuit split regarding whether the failure to disclose information required in a company’s Management Discussion and Analysis (MD&A) disclosure in its public filings (including its annual and quarterly filings, Forms 10K and 10Q) can be actionable in a private securities fraud action brought under Section 10(b) of the Securities Exchange Act of 1934.