As another sign of the escalating tensions between the United States and China, in addition to the long-running trade war, China this week suspended visits to Hong Kong by the U.S. military and vowed to impose sanctions on a...more
On September 24, 2019, the U.S. Department of the Treasury ("Treasury") published in the United States Federal Register the proposed regulations developed by the United States Committee on Foreign Investment (CFIUS) to...more
This is the fourth in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
This is the third in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more
The U.S. Department of Commerce (“Commerce”) has added 28 Chinese organizations to the Bureau of Industry and Security (BIS) Entity List, a move that effectively cuts off these entities from directly or indirectly acquiring...more
After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...more
This is the second in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement...more
After more than a year of anticipation, the U.S. Department of the Treasury (“Treasury”) has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations...more
The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and...more
An Attempt to Limit the Strain on the Telecom Sector, but Broad Prohibition on Exports Remains -
The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general licenseexempting a set...more
The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Entity List,” a move that effectively cuts off Huawei from directly...more
The Committee on Foreign Investment in the United States (CFIUS) has proven in recent weeks that it is an increasingly powerful force that foreign investors and U.S. businesses alike ignore at their peril. While many paid...more
The Committee on Foreign Investment in the United States (CFIUS) is reportedly forcing Beijing Kunlun Tech Co. Ltd. (“Kunlun”) to divest Grindr LLC (“Grindr”), the dating app Kunlun acquired in 2016. Much of the popular press...more
The US Export Control Reform Act of 2018 (ECRA) requires the US Department of Commerce's Bureau of Industrial Security (BIS) to develop a corresponding list of “emerging and basic technologies”. To this end, BIS issued the...more
The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies”...more
As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”)...more
As many life sciences companies and investors are aware, the U.S. Department of the Treasury (“Treasury”) recently announced a new “pilot program” for the Committee on Foreign Investment in the United States (“CFIUS”)...more
The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States...more
Former Secretary of Defense Donald Rumsfeld once explained that there are the known unknowns and the unknown unknowns. Some greeted that gnomic pronouncement with bemused smiles. But contractors operating in a contingency...more
On August 13, 2018, President Trump signed into law the Foreign Investment Review Risk Modernization Act of 2018 (“FIRRMA”) as part of the John S. McCain National Defense Authorization Act for 2019 (“2019 NDAA”). FIRRMA is...more
This month’s roundup summarizes decisions from each of the bid protest venues: the Government Accountability Office (GAO), the Court of Federal Claims (COFC or the Court), and the Small Business Administration (SBA) Office...more
On November 8, bipartisan lawmakers in both houses of the United States and the United Democrats proposed a new act aiming to make major revisions to the current review of the laws applicable to the U.S. Foreign Investment...more
Recently proposed legislation would substantially overhaul current law governing the Committee on Foreign Investment in the United States (CFIUS) by dramatically expanding CFIUS’ authorities and calling for CFIUS to take...more