SPOTLIGHT
THE BIDEN ADMINISTRATION

The Biden Administration – Immigration Priorities Heat Map
On the cusp of the January 20, 2021 US presidential inauguration, the Trump administration has a few remaining days to take action on immigration priorities that have been key to the president’s platform. By presidential proclamation, the current administration extended a travel ban just a few short hours before the ban’s original expiration on December 31, 2020. The Biden administration has identified its own immigration agenda, much of which focuses on rescinding or unwinding the Trump administration’s executive actions.
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Attorney General Garland Issues Memorandum on Freedom of Information Act Guidelines to Federal Departments and Agencies
On March 15, 2022, Attorney General Merrick B. Garland sent a memorandum to the heads of federal departments and agencies concerning Freedom of Information Act (“FOIA”) issues. In the memorandum, he urged departments and agencies to employ a “presumption of openness” in responding to FOIA requests.

White House Announces Actions to Attract STEM Talent and Strengthen U.S. Economy and Competitiveness
Over the past few weeks, the White House has highlighted the continued importance of attracting talented scientists and engineers from around the world, and supporting the fields of science, technology, engineering, and mathematics (STEM).

Biden Administration to Replace Travel Bans with Vaccine Mandates
A virtual discussion on the regulatory aspects of the EO, its potential policy outcomes, and practical impacts on affected businesses. On July 9, 2021, President Joe Biden issued a far-reaching executive order (EO) on Promoting Competition in the American Economy that establishes a “whole-of-government effort” aimed at reducing corporate consolidation. The EO calls for federal agencies to undertake 72 separate initiatives across a range of industry sectors, including financial services, technology, transportation and communication services.

Approaching Student Loan Relief Piecemeal: The Biden Administration Extends CARES Relief to Defaulted FFELP Student Loan Borrowers; Weighs Options for Further Measures
In a March 30, 2021 announcement, the Biden administration announced that it would be extending relief to approximately 1.14 million student loan borrowers who previously were not covered under the CARES Act relief enacted last year.

Qualified Opportunity Fund Update: Likely Biden Administration Changes & New Rules for Non-US Investors & Working Capital Safe-Harbor
On April 14, 2021, the Internal Revenue Service released proposed rules for allowing non-US persons with US-taxable capital gains to invest in qualified opportunity funds (QOFs) without first suffering US withholding on such gains. Mark Leeds and Stephanie Wood, tax lawyers with the New York office of Mayer Brown, analyze these developments in the attached Legal Update.

Campaign Contribution Limits Increased for the 2021–2022 US Election Cycle
This Legal Update discusses federal and state limits for the most common types of contributions for the upcoming elections.

Energy Tax Implications of New Infrastructure and Tax Plans
On March 31, 2021, the Biden administration released the American Jobs Plan (the “Infrastructure Plan”), which is a proposal that, if ultimately enacted, aims to modernize outdated infrastructure, create additional jobs and increase the United States’ global competitiveness.

Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs
On March 29, 2021, the Biden administration announced a “set of bold actions that will catalyze offshore wind energy, strengthen the domestic supply chain, and create good-paying, union jobs,” with a target to deploy 30 GW of offshore wind by 2030 to support 77,000 jobs, power 10 million homes and cut 78 million metric tons in carbon emissions.
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Campaign Contribution Limits Increased for the 2021–2022 US Election Cycle
This Legal Update discusses federal and state limits for the most common types of contributions for the upcoming US elections.

The Impact of Biden’s First 100 Days on the Chemical Industry
Leading Chemical Sector Participants Discuss Changes Under the Biden Administration and the New Congress
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Biden Competition Executive Order: Navigating Anticipated Regulatory Impact
A virtual discussion on the regulatory aspects of the EO, its potential policy outcomes, and practical impacts on affected businesses. On July 9, 2021, President Joe Biden issued a far-reaching executive order (EO) on Promoting Competition in the American Economy that establishes a “whole-of-government effort” aimed at reducing corporate consolidation. The EO calls for federal agencies to undertake 72 separate initiatives across a range of industry sectors, including financial services, technology, transportation and communication services.

Does the 5th Amendment’s protection against self-incrimination apply in congressional investigations?
In this episode, Michael and Andrew address an important question for witnesses appearing before a congressional committee: does the 5th Amendment protection apply in congressional investigations the same way it does in Article III courts?

U.S. Enforcement Outlook: Anticipated Impact on Brazilian Multinationals
To help navigate the evolving U.S. enforcement landscape, we held a webinar led by four Mayer Brown partners—all of whom had served as U.S. government prosecutors or regulators. In this webinar, they provided their insights into how that increased enforcement scrutiny may impact Brazilian companies with any U.S. touchpoints, and explored ways that Brazilian companies can proactively reduce their risks.

How should you handle the media in a congressional investigation?
Quick Insights on Congressional Investigations is a biweekly video interview series hosted by Mayer Brown partners Michael Levy and Andrew Olmem. In this episode, Michael and Andrew share some high-level insights on how to formulate an effective media strategy during a congressional investigation.

ESG Regulations in the US: What to Expect from the SEC during the Biden Administration
Join us for partner Christina Thomas’s overview of the US Securities and Exchange Commission’s ESG regulations—and what she expects will change in the near future, with a new president in the US and a new chair at the SEC.

What are the key takeaways from the GameStop congressional hearing?
In this special episode, Michael and Andrew share their key takeaways from the first high-profile investigative hearing of the 117th Congress, conducted by the US House Committee on Financial Services: “Game Stopped? Who Wins and Who Loses When Short Sellers, Social Media, and Retail Investors Collide.”

What will the 50-50 Senate mean for congressional investigations?
Quick Insights on Congressional Investigations is a video interview series hosted by Mayer Brown partners Michael Levy and Andrew Olmem. In this episode, Michael and Andrew explore the fairly novel—but not entirely unprecedented—situation involving an evenly divided US Senate, and how these dynamics may impact congressional investigations going forward.

What are the consequences of lying in a congressional investigation?
Quick Insights on Congressional Investigations is a video interview series unpacking the nuanced complexities underlying congressional investigations and provide guidance on how companies can manage and minimize the impacts. Each episode is short and tackles one question relating to congressional investigations.
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Immigration Under the Biden Administration
This podcast provides an overview of the immigration challenges facing the Biden administration, focusing on business immigration and workforce mobility.

The Biden Infrastructure Plan: Prospects and Opportunities
Andrew Olmem and Jonathan Becker, partners in Mayer Brown’s public policy group, will provide an overview of the spending priorities in the Biden administration’s nearly $2 trillion infrastructure proposal, titled the “American Jobs Plan.”

Post-Election Call – Impact on Financial Services
A Biden administration could impact regulatory policy and enforcement priorities—and, consequently, the economy—considerably. Please join Mayer Brown partners Michael Levy, Andrew Olmem and Larry Platt as they discuss the potential reverberations in the global financial markets.