News & Analysis as of

National Security Jurisdiction

Jones Day

Extraterritorial Reach of Italian/UK FDI Rules: Are In-Country Sales Sufficient Nexus?

Jones Day on

In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

Zelle LLP on

As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Russia’s Shadow War - Historically, a war was a physical...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel

Fox Rothschild LLP on

The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more

WilmerHale

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

WilmerHale on

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more

Davis Wright Tremaine LLP

DOJ Issues Final Rule Targeting Foreign Access to Americans’ Sensitive Data

The U.S. Department of Justice (DOJ) has issued a comprehensive final rule (the "Rule") targeting foreign access to sensitive U.S. data, including Americans' "bulk" sensitive personal data....more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

Torres Trade Law, PLLC on

On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

Seward & Kissel LLP

Changes Are Coming

Seward & Kissel LLP on

Elections, as they say, have consequences. That bit of political wisdom certainly will be true again this time around—our president-elect has been announcing appointees for cabinet positions that are bound to bring about...more

Holland & Knight LLP

First Look: FERC Discusses Co-Location of Large Loads

Holland & Knight LLP on

Co-located load – will it help keep the lights on when the impending onslaught of new electrical load hits the nation's grid in the upcoming years? Questions regarding an aging grid that is being stretched thin and whether...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more

K2 Integrity

First Ever Targeted Guidance On Financial Institutions’ Compliance With Export Administration Regulations

K2 Integrity on

On 9 October 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published its first ever unilateral guidance specifically addressed to financial institutions (FIs). The Guidance to Financial...more

Akin Gump Strauss Hauer & Feld LLP

Senate Leaders File NDAA Package with AI Provisions, Setting the Stage for Lame Duck Negotiations

On September 20, 2024, Senate Armed Services Committee (SASC) Chair Jack Reed (D-RI) and Ranking Member Roger Wicker (R-MS) filed a managers package to the SASC-passed version of the fiscal year (FY) 2025 National Defense...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

Foley & Lardner LLP on

Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Mayer Brown

CFIUS Proposes Rule to Expand its Real Estate Transaction Purview

Mayer Brown on

On July 8, 2024, the US Department of the Treasury, in its capacity as chair of the Committee on Foreign Investment in the United States (CFIUS), published a proposed rule that would expand the list of national security...more

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

BakerHostetler on

Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

McDermott Will & Emery

Corporate Transparency Act: What to Know

McDermott Will & Emery on

The Corporate Transparency Act (CTA) introduces beneficial ownership reporting requirements effective January 1, 2024, for new and existing companies. Below is an overview of the new reporting obligations imposed by the CTA....more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

Dorsey & Whitney LLP on

As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

Dorsey & Whitney LLP

Recent Changes in the CFIUS Evaluation Process

Dorsey & Whitney LLP on

Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

BakerHostetler on

Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Hogan Lovells

Proposed rule would expand CFIUS’s jurisdiction regarding U.S. real estate

Hogan Lovells on

On May 5, 2023, the U.S. Department of the Treasury, in its role as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule in the Federal Register that would (i) expand by...more

Morrison & Foerster LLP

CFIUS Seeks to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

Wiley Rein LLP on

On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

Morrison & Foerster LLP

CFIUS Proposes to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

Latham & Watkins LLP on

The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

Holland & Knight LLP on

Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

73 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide