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National Security Due Diligence

Morgan Lewis

CFIUS Annual Report for 2024: Key Trends in Filings, Mitigation, and Enforcement

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) has released its Annual Report to Congress for calendar year 2024. As with earlier years, the report provides detailed statistics on CFIUS’s...more

Paul Hastings LLP

UK Blocks Transfer of Graphene Assets on National Security Grounds

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On 20 August, the UK government issued a Final Order under Section 26 of the National Security and Investment Act 2021 (NSIA) blocking a proposed joint venture between Versarien plc (Versarien) and Anhui Boundary Innovative...more

Warner Norcross + Judd

Avoid the October Surprise: What You Need to Know About DOJ’s New Data Security Program

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The Department of Justice’s (“DOJ”) Data Security Program (“the Program”, 28 C.F.R. Part 202) went into effect on April 8 with a 90-day period of limited enforcement. With DOJ now expecting full compliance, with additional...more

White & Case LLP

CFIUS 2024 Annual Report Key Takeaways

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) recently published its Annual Report to Congress covering calendar year 2024 (the Report). In many respects, the data within the Report mirrors...more

White & Case LLP

French FDI Review: Increased Scrutiny Amid Heightened Geopolitical Tensions

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While France remains a top destination of foreign investments in Europe, the 2024 annual report published by French foreign direct investment (FDI) authorities shows increased scrutiny of investments in French strategic...more

The Volkov Law Group

Lessons Learned in the New Aggressive Trade Enforcement Environment: Cadence Ignored Important Red Flags (Part III of III)

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Well, we are in a new era — a fundamental change has occurred, long in the making. National security and trade enforcement have coalesced to elevate trade risks — sanctions and export controls violations will be prosecuted...more

Husch Blackwell LLP

DOJ Declines to Prosecute Private Equity Firm After Self-Disclosure Related to Acquired Company

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Last year, the Department of Justice (DOJ) National Security Division (NSD) updated its Enforcement Policy for Business Organizations to include guidance related to voluntary self-disclosures in connection with acquisitions....more

Foley Hoag LLP - Global Business and Human...

As the Global Energy Transition Advances, Business Centered on Rights Remains Good Business

The U.S. regulatory landscape is quickly evolving and in flux, with the Executive Branch further increasing the use of executive authority to unilaterally and rapidly transform longstanding federal practices and policies. The...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

American Conference Institute (ACI)

[Event] 8th National Forum on FOCI - September 29th - 30th, Washington, DC

Section 847 is widely regarded as a seismic shift that will result in a jump from 2,000 to 41,000 cases being processed annually! In anticipation of this, DCSA has been scaling up their resources and personnel. ACI’s 8th...more

Stankie Law

Revocation of Syrian Sanctions: Opportunities, Risks, and Changes under Executive Order 14312

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President Trump continued his flurry of sanctions actions with the recent revocation of the Syrian sanctions program. On June 30, 2025, President Donald Trump issued Executive Order (“EO”) 14312 “Providing for the Revocation...more

A&O Shearman

Deal structuring in focus as U.S. outbound investment regime takes effect

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Navigating the Committee on Foreign Investment in the United States has long been a key consideration for inbound investors to the U.S. But at the start of 2025, a new regulatory framework was introduced to limit certain...more

Proskauer Rose LLP

DOJ Declination of Private Equity Firm Underscores Need for Robust M&A Due Diligence

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On June 16, 2025, the U.S. Department of Justice (“DOJ”), including its National Security Division (“NSD”) and the U.S. Attorney’s Office for the Southern District of Texas, announced that they would not prosecute White Deer...more

Morrison & Foerster LLP

DOJ Issues First-Ever Declination Under Corporate Disclosure M&A Policy

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more

Akin Gump Strauss Hauer & Feld LLP

Acquirors Beware: PE Firm Escapes DOJ Prosecution, but Acquired Entity Hit With $2 million+ in Penalties

In March 2024, NSD issued an updated Enforcement Policy for Business Organizations (NSD Enforcement Policy) that includes the M&A Policy.  Under the M&A Policy, where an acquiring company makes a qualifying voluntary...more

Jackson Walker

Analysis of Texas S.B. No. 17 Restricting Foreign Ownership of Real Property in Texas

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Texas has enacted significant new legislation, effective September 1, 2025, that imposes sweeping restrictions on the purchase or acquisition of real property by certain foreign individuals, entities, and governments. This...more

Fenwick & West LLP

Buy-Side M&A Playbook: Due Diligence in Aerospace & Defense - What Buyers Need to Know

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Once a term sheet is in place, buyers must conduct thorough due diligence to uncover potential risks and liabilities. In the aerospace and defense sector, due diligence extends beyond financials to regulatory compliance,...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 4: M&A Transactions with Government Contractors

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Transactions that involve government contracts carry a unique set of challenges. Unlike a typical merger or acquisition, deals involving government contracts require the navigation of a complex web of federal laws,...more

Baker Donelson

DOJ Final Rule Casts Wider Net: Common Business Data May Now Trigger National Security Scrutiny

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If you thought your company's collection of email address, IP address, zip code, birth date, or cookie data was too mundane to catch the federal government's attention – think again. Effective April 8, 2025, a new DOJ final...more

Holland & Knight LLP

Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community

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In this episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien talks with Robert A. Friedman, co-head of Holland & Knight's International Trade practice and a leader of the firm's National...more

Hogan Lovells

The impact of the outbound investment rules on LP trades

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The secondaries market continues to mature and evolve, offering limited partners (“LPs”) an essential tool for portfolio rebalancing, liquidity management and strategic realignment. However, the introduction of the U.S....more

A&O Shearman

Cybersecurity in mining: protecting infrastructure and digital assets

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The mining sector is increasingly at risk from cyber attacks, and many companies are racing to defend themselves against the backdrop of a rapidly changing threat landscape. Ross Phillipson and Anna Rudawski explore what is...more

Hogan Lovells

Raising the bar – Changes to mandatory and discretionary exclusions under the Procurement Act 2023

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The Procurement Act 2023 (the "Act") introduces a more expansive and centralised exclusion regime. For compliance professionals, the implications are significant: exclusion can now arise from a broader range of conduct –...more

Cooley LLP

US Outbound Investment Enforcement Is Now Live

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Despite uncertainty amid talks of reforming the Outbound Investment Security Program (OISP), the US Department of the Treasury is already actively pursuing enforcement actions against transaction parties that may have...more

American Conference Institute (ACI)

[Event] Trade & Sanctions Compliance for the Oil and Gas Industry - May 21st - 22nd, Houston, TX

Between tariffs, tightening export controls, evolving sanctions, and ramped up enforcement, the cost and complexity of compliance is rising for oil and gas supply chains. ACI’s Trade & Sanctions Compliance for the Oil and...more

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