Elephants in the Room

Whenever the balance of power shifts in Washington, the legal and regulatory landscapes have historically been soon to follow. 2025 will be no different, and November’s Republican electoral sweep suggests that next year’s shift could be especially sharp.

Operating with a trifecta but an extremely narrow House majority, new administration officials and their allies will be racing to enact and implement many of the policy priorities they championed during campaign season — and probably some they didn’t.

The sheer breadth of reforms set to emerge is sure to introduce new risks and opportunities in industries across the economy, and navigating them will require companies to be agile, resourceful, and strategic.

In a new series of in-depth analyses, Vinson & Elkins lawyers are drawing on the firm’s collective knowledge and experience to deliver the insights our clients need to succeed in the year ahead.

Here, we highlight five analyses from the series. Look out for more in this space in January — ahead of Inauguration Day.

A Shakeup at EPA

President-elect Trump’s campaign included numerous promises to boost US production of conventional energy.

If the incoming administration is to fulfill those promises, the Environmental Protection Agency could be in for a major shakeup — with an ambitious deregulatory program, new enforcement strategies, and a different approach to international environmental and energy issues all on the agenda.

What will the EPA prioritize, how might it aim to achieve its goals, and where could it encounter challenges?

Our Environmental & Natural Resources attorneys with more on the new administration’s environmental agenda and its impact on the energy sector.

In DOJ’s White Collar Enforcement, Past Could Be Prologue

When the Trump 2.0 Department of Justice takes over, leadership will be focusing sharply on immigration, public safety, and national security.

But while white collar enforcement won’t likely be at the top of DOJ’s near-term priority list, expecting it to disappear would be shortsighted.

Indeed, DOJ’s white collar enforcement was higher under the first Trump administration?than it has been under Biden’s. And during Trump’s first term, DOJ set record enforcement levels for cases involving violations of the Foreign Corrupt Practices Act.

If past is prologue, DOJ’s white collar enforcement has the very real possibility of increasing during the second Trump administration.

More analysis from our White Collar team.

Trump’s Pro-Crypto Agenda: Will Antitrust Regulators Keep Decentralized Cryptocurrency Competitive?

Excitement is building in the blockchain and cryptocurrency industries, fueled by the incoming administration’s early signals of support for digital assets and Web3 technologies.

Industry leaders are hopeful that the pro-cryptocurrency stances held by President-elect Trump and his appointees — including crypto advocate Paul Atkins to chair the SEC — will foster a regulatory environment that supports growth and innovation in decentralized technology.

Yet if the first Trump administration is any indicator, this technology also will draw the attention of antitrust authorities, including the FTC and DOJ, whose new leadership might seek to balance this burgeoning sector’s potential against the perceived dominance of more established technologies.

What crypto- and blockchain-related issues might antitrust authorities focus on in 2025? Our antitrust counsel takes an in-depth look.

For Cybersecurity Reporting Requirements, an Uncertain Future

In April 2024, the Cybersecurity and Infrastructure Security Agency (CISA) proposed extensive regulations that would require a wide range of companies and other entities to report cyber incidents and ransom payments.

The proposed regulations, authorized under the Cyber Incident Reporting for Critical Infrastructure Act, would capture companies in energy, financial services, food and agriculture, healthcare, technology, and transportation, among other critical infrastructure sectors.

The final rule is expected in October 2025, and many stakeholders have contended that its reporting requirements are overly burdensome on private companies.

Will the rule be adopted as proposed? Our attorneys explain the key factors that could determine its fate.

What to Expect When You’re Government Contracting

Government contracting was not exactly a hot topic during the 2024 election season. But if the incoming administration follows through on some of the president elect’s stated policy goals, government contractors should be prepared for policy changes that could significantly affect their businesses.

As our attorneys explain, government contractors can expect changes in minimum wage requirements, affirmative action, environmental compliance obligations, and domestic manufacturing requirements — all enacted through the Federal Acquisition Regulation.

An increase in defense spending, alongside reductions in the federal workforce, should also reshape the landscape for government contractors in the coming years.

Our Government Contracts team takes a closer look.

Interested in more? See our entire Outlook on the New Administration series.