On September 15, President Biden signed an Executive Order (the "EO") identifying national security risks that the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") must consider when reviewing...more
9/20/2022
/ Biden Administration ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
National Security ,
Supply Chain ,
Technology
President Joe Biden's approach to the national security risks posed by foreign-backed M&A may differ in style from his predecessor, but not in substance -
Under the Biden administration, the Committee on Foreign Investment...more
Most deals are approved, but new rules covering more types of transactions and requiring mandatory filings in certain cases have changed the landscape -
The Committee on Foreign Investment in the United States (CFIUS),...more
11/18/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Filing Requirements ,
FIRRMA ,
Foreign Direct Investment ,
Foreign Investment ,
National Security ,
National Security Review Proceedings ,
Scope of Review
On September 15, 2020, the US Treasury Department published a final rule modifying the mandatory Committee on Foreign Investment in the United States (CFIUS) filing requirements for certain foreign investments in US...more
There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more
5/29/2020
/ Case Management ,
CFIUS ,
Critical Infrastructure Sectors ,
Export Administration Regulations (EAR) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
ITAR ,
Mandatory Declarations ,
NAICS ,
National Security ,
National Security Review Proceedings ,
Proposed Amendments ,
Technology Sector
The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more
3/10/2020
/ Blocked Mergers ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Divestiture ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Real Estate Investments ,
Technology Sector ,
Trump Administration
Nearly a year and a half after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, authorizing the most substantial overhaul of the Committee on Foreign Investment in the United States (CFIUS)...more
1/22/2020
/ Amended Regulation ,
CFIUS ,
Corporate Counsel ,
Covered Real Estate Transactions ,
Critical Infrastructure Sectors ,
Data Collection ,
Excepted Investors ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
Investment Funds ,
Jurisdiction ,
National Security ,
Non-Controlling Interests ,
Penalties ,
Principal Place of Business ,
Real Estate Investments ,
Real Estate Transactions ,
Sensitive Personal Information ,
State-Owned Enterprises ,
Technology Sector
Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory.
The Committee on Foreign Investment in the United States...more
12/28/2019
/ Best Practices ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
National Security Review Proceedings ,
Risk Assessment ,
Technology Sector ,
Trump Administration ,
United States
On September 17, the US Department of the Treasury issued comprehensive proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This alert describes key aspects of the proposed...more
10/3/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Exemptions ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
National Security ,
Personal Data ,
Proposed Regulation ,
Public Comment ,
Real Estate Transactions ,
Technology Sector ,
U.S. Treasury
The US M&A market delivered another year of strong performance in 2018. Though deal volume dipped 2 percent year-on-year to 5,682 deals, deal value was up by 15 percent over the period, to US$1.5 trillion -
A number of...more
2/7/2019
/ Acquisitions ,
Antitrust Violations ,
Blocked Mergers ,
CFIUS ,
China ,
Corporate Taxes ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Dow Jones ,
Equity Compensation ,
Equity Grants ,
Federal Trade Commission (FTC) ,
FIRRMA ,
GDP ,
Health IT ,
Mandatory Declarations ,
Merger Controls ,
Mergers ,
NAFTA ,
National Security Review Proceedings ,
Oil Prices ,
Popular ,
Qualcomm ,
Tariffs ,
Tax Cuts and Jobs Act ,
Tax Rates ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
Vertical Mergers