Executive Briefing | Insights | Skadden, Arps, Slate, Meagher & Flom LLP

As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential implications.

Read on for our latest analysis.

Our Trump Administration Regulatory Litigation Tracker summarizes litigation over the administration’s major executive actions that are relevant to business, with links to key source documents including complaints, briefs and court decisions.

Overview and Legal Implications

February 3, 2025: The Trump administration’s executive actions present unique business and legal questions for the private sector. With the administration showing no signs of slowing down, the number and size of potential legal challenges are likely to grow.

Antitrust

February 10, 2025: Recent executive orders did not impact new HSR rules from taking effect, but hiring freezes could affect antitrust resources, the FTC has taken steps to eliminate DEI initiatives and there are potential implications for AI-related antitrust policy.

Artificial Intelligence

January 30, 2025: President Trump rescinded his predecessor’s omnibus 2023 executive order laying out detailed mandates for government departments regarding AI. The White House has set a 180-day deadline for departments to develop new AI action plans.

CFTC

February 27, 2025: A new CFTC advisory represents a significant change to the Enforcement Division’s approach to evaluating self-reporting, cooperation and remediation credit when making recommendations in enforcement actions.
February 6, 2025: Acting CFTC Chairman Pham announced that the agency is condensing and simplifying its nine Division of Enforcement task forces into two, in support of her stated goal to end “regulation by enforcement.”

Cryptocurrency

February 24, 2025: With the change of administration, it remains unclear who will police fraud in crypto markets. In addition to the SEC and CFTC, two other federal agencies — the FTC and CFPB — could potentially fill the role.
February 7, 2025: The new administration has promised to provide clear regulatory guidance regarding cryptoassets to promote innovation, support open blockchain networks and dollar-based stablecoins, and study a strategic cryptocurrency reserve.

DEI

February 24, 2025: Though a district court has halted enforcement of certain provisions of the DEI executive orders, the Trump administration will likely appeal the decision and may issue other guidance. Employers should closely evaluate their DEI practices.
February 18, 2025: An executive order prohibiting transgender women and girls from participating in female sports has resulted in at least one legal challenge and municipal opposition.
February 7, 2025: A new attorney general memo mandates the investigation of any DEI and DEIA programs and policies within federally funded private sector institutions for potential violations of civil and criminal civil rights laws.
January 30, 2025: Two executive orders require federal agencies to terminate DEI programs and mandates, and rescind long-standing affirmative action requirements for federal contractors. Increased scrutiny of DEI efforts is expected even in the private sector.

Deregulation

February 25, 2025: A broad executive order directs agencies to identify and rescind regulations that are inconsistent with the Trump administration’s policies and that raise legal questions. Ensuing rescissions or modifications could spur litigation.

DOJ

February 12, 2025: The executive order pausing FCPA enforcement is designed to prioritize American economic interests, but anti-bribery and corruption risks remain.
February 11, 2025: A new executive order directs the attorney general to pause new FCPA enforcement actions. How the order impacts those currently under DOJ investigation or previously subject to FCPA enforcement actions remains to be seen.
February 7, 2025: The Office of the Attorney General has issued a new policy to all DOJ employees highlighting the boundaries of prosecutorial discretion with respect to charging, plea bargaining and sentencing, and announcing enforcement priorities, including limits to FARA charges.

Energy and the Environment

January 31, 2025: The new administration is undertaking a significant shift in energy and environmental policy, and has put a hold on loans and grants disbursed under Biden-era clean energy investment and infrastructure laws.

Intellectual Property

January 31, 2025: Few specifics have emerged so far, but appointments as well as proposed patent legislation could alter the shape of IP law. New AI policies, when they are revealed, will also likely affect IP.

Life Sciences and Health Care

February 17, 2025: The Make America Healthy Again Commission’s goal is to address chronic disease rates and certain childhood diseases, with a mandate to reassess policies on issues like nutrition, physical activity, and food and drug quality and safety.
February 13, 2025: RFK Jr.’s tenure as the newly confirmed secretary of the Department of Health and Human Services may lead to significant changes in U.S. health policy, including at FDA.
January 30, 2025: Biden-era executive orders that established drug-pricing experiments and made it easier to enroll in ACA have been withdrawn. Federal health agencies have been ordered to temporarily suspend all external communications and grant reviews.

National Security

February 24, 2025: The America First Investment Policy memorandum outlines several initiatives to incentivize investment from U.S. allies and partners while restricting investments involving “foreign adversaries,” most notably China.
January 30, 2025: The new administration’s trade policy could impact national security, especially as it relates to investments in and imports from China, and technology export controls more generally. Foreign subsidies will also come under scrutiny.

Political Law

February 6, 2025: Attorney General Pam Bondi announced sweeping changes to certain DOJ enforcement priorities, including deprioritizing enforcement of the Foreign Agents Registration Act and other foreign influence laws.

State Attorneys General Enforcement

March 3, 2025: State AGs are expected to continue investigating matters relating to consumer protection and youth health, data privacy and cybersecurity, consumer financial services, AI and securities fraud, particularly as federal enforcement may wane.

Tax

January 30, 2025 (updated February 10, 2025): President Trump has withdrawn the U.S. from the OECD’s global tax agreement, halted funding for green energy initiatives and implemented a federal hiring freeze across executive departments and agencies, among other moves.

Trade Policy

March 4, 2025: The tariffs on goods from Canada, Mexico and China will require careful review of affected contracts and could prompt legal and contractual challenges for companies.
February 28, 2025: A new presidential memorandum lays the groundwork for possible tariffs to counter digital services taxes that other countries levy on U.S. digital service providers.
February 18, 2025: The U.S. is set to impose additional 25% duties on steel and aluminum imports as of March 12, 2025. Past exemptions will be terminated. Many U.S. trading partners likely will respond by imposing retaliatory duties on U.S. products.
February 17, 2025: President Trump ordered agencies to conduct investigations of nonreciprocal trade arrangements by foreign trading partners but refrained from taking immediate action. Agencies are to prepare a report analyzing these arrangements and proposing remedies such as reciprocal tariffs.
February 11, 2025: Parties confronted by the prospect of new tariffs should review all relevant contracts to determine how the tariffs will impact their rights and obligations, and whether any actions need to be taken to address the new tariff regime.
February 6, 2025: President Trump’s unprecedented actions imposing tariffs on Canada, Mexico and China have led to international trade tensions and retaliatory measures. While tariffs on Canada and Mexico have been delayed, those on China are in effect.
January 30, 2025 (updated February 1, 2025): President Trump has imposed tariffs on Canada, Mexico and China, though subsequent deals put the Canada and Mexico tariffs on hold. More detailed trade policy proposals are expected following agency reports that are due April 1.

Trump Executive Actions Advisory Group

If you have questions, please contact a member of our cross-practice team, which was created to help clients potentially affected by the administration's executive actions understand and implement the best ways to prepare for and respond to the evolving regulatory and legal landscape.They are listed here by subject area, along with a description of the group.

Related Capabilities

Antitrust/Competition // Artificial Intelligence // Consumer Financial Services // Cybersecurity and Data Privacy // Energy and Infrastructure Projects // Environmental // Financial Institutions Regulatory // Intellectual Property and Technology // Intellectual Property Litigation // International Litigation and Arbitration // International Trade // Labor and Employment Law // Life Sciences and Health Care // Litigation // National Security // SEC Reporting and Compliance // Securities and Commodities Enforcement // Supreme Court and Appellate Litigation // Tax // Web3 and Digital Assets // White Collar Defense and Investigations // Workplace Culture and Civil Rights/Racial Equity Audits