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Biden Administration Issues Long-Anticipated Executive Order Restricting U.S. Investment in Chinese Tech

On August 9, 2023, the Biden administration issued its long-anticipated executive order (E.O.) that will prohibit, or impose notification requirements on, U.S. investment in a targeted set of advanced technology sectors in...more

Move Aside, CFIUS? States Considering Possible New Restrictions on Foreign Acquisitions of U.S. Farmlands

Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more

CFIUS Flexes Its Enforcement Muscles, Releasing First-Ever Enforcement and Penalty Guidelines

​​​​​​​On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or Committee) issued novel Enforcement and Penalty Guidelines (Guidelines), which emphasize the enforcement aspect of its legal...more

New Executive Order Directs Consideration of National Security Risks in CFIUS Reviews

​​​​​​​On September 15, 2022, President Biden signed an executive order (EO) directing consideration of certain national security factors by the Committee on Foreign Investment in the United States (CFIUS or "the Committee")...more

A CFIUS-Type Review for Overseas Investment? Beware the Outbound Investment Review Framework Proposed in the COMPETES Act

On February 4, 2022, the U.S. House of Representatives passed the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (H.R. 4521), known as the COMPETES Act, the...more

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