News & Analysis as of

Biden Administration Foreign Corporations

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

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

StoneTurn on

The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Cadwalader, Wickersham & Taft LLP

Balancing Uncle Sam’s Checkbook: Biden’s Tax Proposals

In President Biden’s recent State of the Union Address, he called on corporations and wealthy taxpayers to pay their “fair share” through proposals to end tax breaks for private jets, further limit deductions for executive...more

Wilson Sonsini Goodrich & Rosati

DOJ Targets Foreign Officials with Long-Awaited Anti-Corruption Law: 5 Takeaways for Multinational Corporations and...

After years of anticipation, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law on December 22, 2023, ushering in a new era of international anti-corruption prosecution. The FEPA will make it easier...more

Wilson Sonsini Goodrich & Rosati

Treasury and the IRS Release Interim Guidance on the One-Percent Excise Tax on Stock Repurchases by Publicly Traded Companies

The “Inflation Reduction Act” introduced Section 4501, which contains a new one percent excise tax on certain stock repurchases and economically similar transactions undertaken by publicly traded U.S. corporations and certain...more

Wilson Sonsini Goodrich & Rosati

Biden-Signed Omnibus Bill Includes Several Pieces of Legislation Affecting Antitrust

Congress’s year-end omnibus legislation that funds the federal government, which was signed by President Biden on December 29, 2022, included three pieces of legislation—the Merger Filing Fee Modernization Act, the State...more

White and Williams LLP

Inflation Reduction Act

White and Williams LLP on

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (“IRA”) into law. While much of the legislation is geared towards climate change mitigation, clean energy, and provisions to promote health care...more

Dorsey & Whitney LLP

Inflation Reduction Act: New U.S. Excise Tax on Stock Repurchase Transactions Applicable to Certain Canadian Companies

Dorsey & Whitney LLP on

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022, HR 5376 (the “Act”), into law. Among other significant changes, the Act includes a new 1% excise tax on stock repurchase transactions by certain...more

Dorsey & Whitney LLP

Inflation Reduction Act: New Excise Tax Discourages Stock Repurchase Transactions

Dorsey & Whitney LLP on

​​​​​​​On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022, HR 5376 (the “Act”), into law. Among other significant changes, the Act includes a new 1% excise tax on stock repurchase transactions by...more

Eversheds Sutherland (US) LLP

Inflation Reduction Act imposes a nondeductible 1% excise tax on certain corporate stock buybacks

​​​​​​​On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the IRA) into law. Among the provisions of the IRA is a nondeductible 1% excise tax on the repurchase of corporate stock (the Buyback...more

Paul Hastings LLP

The End of the China Initiative and the Future of U.S. Enforcement against Chinese Companies

Paul Hastings LLP on

This communication constitutes the first of our series considering the U.S. enforcement trends relating to Chinese companies. This communication focuses on how the end of the China Initiative does not signal any change in the...more

McDermott Will & Schulte

[Webinar] 2022 Enforcement Outlook Series - Foreign Corrupt Practices Act/Anti-Corruption - March 8th, 12:00 pm - 1:00 pm EST

As expected when a new administration takes office, 2021 saw a surge in white-collar enforcement activity. There was a 12% increase in white-collar prosecutions during US President Joe Biden’s first year in office, and that...more

Latham & Watkins LLP

Senior US DOJ Official Sets Forth New Priorities for Pursuing Corporate Crime

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The priorities will impact non-US companies who may face a US DOJ with a renewed emphasis on combating corporate crime. In a recent speech that has garnered significant attention, the Deputy Attorney General of the...more

WilmerHale

Biden: The Fight Against Foreign and Transnational Corruption Is a National Security Interest

WilmerHale on

On June 3, 2021, President Biden issued a National Security Memorandum establishing the fight against corruption both at home and abroad as a core United States national security interest and directing the development of a...more

Dorsey & Whitney LLP

President Biden’s Made in America Tax Plan Would Treat More Cross-border Transactions as Inversion Transactions

Dorsey & Whitney LLP on

Generally, an “inversion” is a transaction in which a non-U.S. corporation directly or indirectly acquires substantially all of the properties held by a U.S. corporation or partnership, after which the former owners of that...more

Holland & Knight LLP

Biden Administration's Made in America Tax Plan: Interaction with OECD Inclusive Framework

Holland & Knight LLP on

The American Jobs Plan is a proposal to increase investment in infrastructure, the production of clean energy, the care economy and other priorities. The Made in America Tax Plan (Tax Plan) is the vehicle to pay for the...more

Snell & Wilmer

President Biden’s “Buy American Order” Is Likely to Make It More Difficult for Foreign Companies to Supply Their Products to...

Snell & Wilmer on

The United States Government is the world’s biggest single buyer, spending approximately $600 billion a year on purchases. Since 1933, with the passage of the Buy American Act, the federal government has, with varied degrees...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 109: Asia Q1 Check In: China’s Emergence as the Number One World Economy and New Hegemonic Role in Asia with...

The relationship between the U.S. and China has deteriorated over the last four years. Barely missing a beat from the coronavirus pandemic, China is the only major world economy to post positive growth during the pandemic...more

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