News & Analysis as of

Acquisitions Committee on Foreign Investment in the United States

Miles & Stockbridge P.C.

A Golden Share and an Order to Unwind: Early Lessons in CFIUS from the New Administration

On July 8, 2025, President Trump issued an order to unwind the acquisition of Jupiter Systems, Inc., a U.S. company, by Hong Kong-based Suirui International Co., Ltd., a subsidiary of China’s Suirui Group (collectively...more

Latham & Watkins LLP

LathamTECH in Focus: Tech Deals: The Emerging Focus of FDI Regulators?

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In this episode of LathamTECH in Focus, Silicon Valley partner Tessa Bernhardt examines the global expansion of foreign direct investment statutes, discusses where she is seeing heightened regulatory activity and offers...more

Holland & Knight LLP

Suirui International Ordered to Divest from Jupiter Systems

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President Donald Trump issued a presidential order (the Order) on July 8, 2025, retroactively prohibiting the acquisition of Jupiter Systems LLC, a Delaware limited liability company, by Suirui International Co. Ltd., a Hong...more

Vinson & Elkins LLP

President Trump Orders Divestment of Jupiter Systems, Citing National Security Concerns

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On July 8th, 2025, President Trump issued an order (the “Order”) forcing divestment of U.S.-based Jupiter Systems (“Jupiter”) by its China-based parent company, Suirui Group Co., Ltd. (“Suirui”), more than five years after...more

Fenwick & West LLP

And Then There Were 10: Trump Admin Unwinds Suirui Group Co.’s Acquisition of Jupiter Systems

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On July 11, 2025, the Trump administration published an order forcing Suirui International Co., Limited—a Hong Kong company that is majority owned by Suirui Group Co., Ltd., a People’s Republic of China company—to unwind its...more

Wiley Rein LLP

President Trump Issues CFIUS Divestment Order of Chinese-owned Jupiter Systems Due to National Security Risk

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President Trump signed a Presidential decision last week ordering Suirui Group Co., Ltd., a Chinese company, and its Hong Kong-based subsidiary Suirui International Co., Limited (together, Suirui) to divest within 120 days...more

Mayer Brown

President Trump Orders Suirui to Divest of Jupiter Systems, Citing National Security Risk Identified by CFIUS

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On July 11, 2025, the Trump Administration published an Order entitled “Regarding the Acquisition of Jupiter Systems, LLC by Suirui International Co., Limited” (dated July 8, 2025). This Order prohibits the February 2020...more

Bass, Berry & Sims PLC

CFIUS and President Trump Force Unwinding of 2020 Acquisition of Jupiter Systems, LLC

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On July 11, the Trump administration issued an order blocking and requiring the unwinding of a 2020 acquisition by which Jupiter Systems, LLC (Jupiter), a U.S.-based audiovisual equipment supplier, was acquired by Suirui...more

A&O Shearman

Global M&A Insights: Lateral thinking in fast-moving markets

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How are dealmakers responding to an uncertain and volatile macro environment? Our latest M&A Insights report offers a global perspective on the forces shaping M&A activity, from the rising interest in the European defense...more

Fenwick & West LLP

Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Mayer Brown

Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency

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On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close...more

Cooley LLP

CFIUS Non-Notified Transaction Enforcement: Cooley’s Five-Year Lookback

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March 2025 marked the fifth anniversary of the Committee on Foreign Investment in the United States (CFIUS) initiative to “formalize and centralize” within the Department of the Treasury an enforcement function to identify...more

Fenwick & West LLP

Buy-Side M&A Playbook: Preparing for an Aerospace & Defense Deal

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Acquiring a company in the aerospace, defense, and critical manufacturing sectors requires more than just financial readiness. These industries come with unique regulatory challenges, security concerns, and government...more

Cadwalader, Wickersham & Taft LLP

Delaware Chancery Court Enforces Specific Performance and Forces Merger to Close

A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. v. Nano Dimension Ltd., the...more

Seward & Kissel LLP

Not the Rite Stuff, Private Eyes, and Inquiring Minds

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Rite Aid bankruptcy update: report says pharmacy chain may be facing insolvency as businesses close | Fast Company - Having previously filed for bankruptcy in 2023, Rite Aid is now preparing to file a second bankruptcy...more

Paul Hastings LLP

A Victory for Deal Certainty: Reasonable Best Efforts Covenants Should be Taken Seriously

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The recent decision of the Delaware Court of Chancery in Desktop Metal, Inc. v. Nano Dimension Ltd. and Nano USI I, Inc. provides valuable lessons for both sellers and buyers on deal certainty and reasonable best efforts...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

Maynard Nexsen

CFIUS & Foreign Direct Investment in Economic Development Projects

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On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which promotes foreign investment in the United States from allies yet also signals restrictions for certain investments in...more

Katten Muchin Rosenman LLP

Will Texas Become the First State To Enact a “Mini-CFIUS” Review Process?

On March 13, 2025, the Texas Legislature introduced HB 5007, which, if enacted, could establish the first US state regime tasked with screening foreign investments on national security grounds....more

Foley & Lardner LLP

Weathering the Storm: Key M&A Considerations for Foreign Investors Entering the U.S. Market

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Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more

BakerHostetler

White House Increases Scrutiny on Foreign Investors: Why FOCI Is a Concern for International Businesses

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Foreign Ownership, Control, or Influence (FOCI) refers to a situation where a foreign entity has the power to directly or indirectly influence the management or operations of a company. FOCI can result from legal means like...more

Axinn, Veltrop & Harkrider LLP

Can You Ever Come Back from a Presidential Block? The Latest in the Nippon Steel/U.S. Steel Saga

When former President Biden blocked the acquisition by Nippon Steel of U.S. Steel in January on national security grounds, many assumed that was the end for a transaction that would have combined a Japanese powerhouse company...more

WilmerHale

2025 M&A Report

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This year’s M&A Report offers a detailed review of the M&A market and outlook, including a breakdown by various geographies and industry sectors. We examine what might be in store with antitrust and CFIUS under the Trump...more

WilmerHale

CFIUS Under Trump 2.0: Continued Scrutiny of Cross-Border Deals

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In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...more

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