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The Infrastructure Investment and Jobs Act, commonly referred to as the Bipartisan Infrastructure Bill, passed on November 15, 2021. Included in the $1.2 trillion spending package are expansions to various “Buy America” provisions, a set of statutes and regulations that apply to federal financial assistance used to support infrastructure-related projects. “Buy America” requirements differ from the requirements under the Buy American Act of 1933, which focuses on direct procurement by the federal government.
Continue Reading Buy America Provisions in the Infrastructure Bill: What this Means for Foreign Companies

Imagine telling your company’s Board of Directors that the company will have to knowingly violate the law. Further, you might note, the American Law Institute’s Principles of Corporate Governance state that, with very limited exceptions, a director who knowingly causes the corporation to disobey the law violates his duty of care. The protections of the Business Judgement Rule may not be available to a board member who, charged with navigating the Scylla and Charybdis of a conflict of laws, steers right into the shoals of noncompliance.

Beginning August 6, that will be the situation facing the thousands of companies that are subject to U.S. sanctions on Iran and to EU regulations blocking those sanctions. While it appears to be a stark choice, some nuances to the regulations may make navigating the narrow straights of the conflict of laws a less Odyssean and more practically manageable.
Continue Reading Stuck in the Middle With You: EU Blocking Statutes, Iran Sanctions, and the Thousands of Businesses Caught In Between