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Lisa Mays

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Lisa Mays is a partner in the Governmental Practice in the firm's Orange County office. She is the Leader of the Supply Chain Management Team, and member of the Sanctions, Imports, and Export Controls Teams.

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On May 16, 2023, President Joseph Biden vetoed the Congressional Review Act (CRA) resolution that would have nullified the temporary moratorium on the collection of antidumping and countervailing (AD/CVD) duties on imports of certain solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam. See House Joint Resolution (H.J. Res.) 39.Continue Reading Biden Veto Maintains Solar Tariff Moratorium

When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply with anti-discrimination law when the job will include access to export-controlled data.Continue Reading Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

Key Takeaways:

  • Outbound investment rules may require notification, but there is less risk of transactions being blocked by regulators.
  • Investments in advanced semiconductors in China may still be subject to being blocked.
  • The required notification, review, and possible restriction still represents a massive increase (from almost nothing) in regulation on outbound investments.
  • Increases in the scope and powers of the reviewers may follow in future regulations or legislation.

Continue Reading U.S. Outbound Investment Restrictions Are Becoming a Reality

In response to Russia’s ongoing aggression in Ukraine, both the United States and the European Union have imposed additional sanctions and further restricted exports to Russia and Iran. These new controls span many industries.Continue Reading Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)

Key Takeaways

  • New outbound investment controls likely to focus on semiconductors, AI, and quantum computing.
  • Biotechnology and battery technology investments overseas may not be subject to the upcoming proposed controls.

Continue Reading New Year, New Development: Fewer Industries May be Affected by Proposed Outbound Investment Controls (Reverse CFIUS)

As we close out a wild year for international trade regulation,[1] after hearing much talk about outbound investment review mechanisms, we may see a final dramatic change before the ball drops. Since the summer, we have talked here about potential outbound investment reviews (reverse CFIUS? SUIFC?). And while there have been reports of potential action by both Congress and the Biden Administration on outbound investment, it is all the more possible to see executive action before a new Congress takes seat.Continue Reading Will We Ring in the New Year with Outbound Investment Restrictions?

Key Takeaways

  • U.S.-person personnel at Chinese chip manufacturers are in a precarious position.
  • New rules limit what activities those persons may undertake with respect to their work.
  • However, there are ways they can nevertheless contribute to their companies, maintain their citizenship status, and comply with applicable U.S. law.

Continue Reading China Semiconductor Regulations, Episode II – The Curious Case of the American in a Chinese Chip Company

On November 15, 2022, the United States Trade Representative (USTR) opened its docket (USTR-2022-0014) seeking public comments in its review of the Trump-era tariffs on Chinese imports. The tariffs were issued by then-President Donald J. Trump under Section 301 of the Trade Act of 1974.Continue Reading China Tariffs: Opportunity to Request Modifications

The United States Trade Representative (USTR) has announced the next steps in its review of the Trump-era tariffs on Chinese imports. Today, on October 17, 2022, USTR published the official request for comments in the Federal Register. The tariffs were issued by then-President Donald J. Trump under Section 301 of the Trade Act of 1974.Continue Reading China Tariffs: USTR Requests Comments for Review of Section 301 Tariffs