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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
The U.S. Department of the Treasury (“Treasury”) has been active in the context of the Committee on Foreign Investment in the United States’ (“CFIUS”) and the Outbound Investment Security Program (“OISP”). The main updates...more
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
Positive Development for Investors from Allied Nations - In a further solidification of the Administration’s efforts to isolate identified adversaries and strengthen U.S. leadership key strategic technologies, the...more
On February 21, 2025, President Trump issued a National Security Presidential Memorandum entitled the “America First Investment Policy” (“NSPM-3”) that outlines the Administration’s national security priorities with respect...more
On February 21, 2025, the White House released a memorandum titled, “America First Investment Policy” (the Memorandum). The Memorandum describes how this Administration plans to address U.S. national security risks stemming...more
On February 21, 2025, President Trump issued a National Security Presidential Memorandum (NSPM) that sets out his administration's “America First Investment Policy,” with a particular focus on promoting foreign investment...more
On 21 February 2025, President Donald J. Trump signaled his administration’s approach to foreign investment policy with a presidential memorandum, “America First Investment Policy” (The Policy). Among the most significant...more
On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and...more
Last week, the White House issued a National Security Presidential Memorandum (“NSPM”) intended to address current national security threats while preserving an open environment for international investment....more
On Friday, February 21st, President Trump issued a National Security Presidential Memorandum (NSPM) that is aimed at promoting foreign investment while protecting America’s national security interests, particularly from...more
On February 21, 2025, the White House released President Donald Trump’s “America First Investment Policy” memorandum (Investment Policy), which outlined several initiatives to incentivize investment from U.S. allies and...more
On February 21, 2025, President Trump signed a National Security Presidential Memorandum (NSPM) announcing an “America First Investment Policy” focused on promoting foreign investment in the United States from allies and...more
New U.S. investment and export control measures are shaping how businesses engage with foreign markets, particularly China. From limiting outbound investments to tightening export licenses, these evolving policies from the...more
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
Senator Cornyn made the above statement on the Senate floor on November 14, 2023, while advocating for his colleagues to pass the Outbound Investment Transparency Act as part of the 2024 National Defense Authorization Act...more
U.S. law has long subjected foreign investments into the U.S. to review and restriction by the Committee on Foreign Investment in the United States (“CFIUS”), but outside of economic sanctions programs, has typically not...more
As 2025 begins, the foreign direct investment (FDI) landscape continues to evolve at a rapid pace. Driven by geopolitical shifts, technological advancements, and changing regulatory priorities, businesses must navigate an...more
U.S. investors interested in investing in advanced Chinese technology companies may now be constrained by the U.S. Government’s first-ever outbound investment rule (Final Rule) which took effect on Jan. 2, 2025. The Final...more
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations. The rule arrives a little over a year after Executive Order 14105,...more
The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more
In an era where technological prowess and economic security are more entangled than ever, the United States has refined its approach towards restricting outbound investments. As we have been blogging since 2022, the past two...more
As the proposed $14.9 billion acquisition of U.S. Steel by Nippon Steel garners global attention, its implications extend far beyond mere corporate gains. This merger symbolizes a strengthening of the crucial U.S.-Japan...more
AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more
The economic relationship between China and the U.S. remains one of the most significant in the world, and U.S. and Chinese government leaders have repeatedly signaled their intent to maintain stable trade and commercial...more