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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

Skadden, Arps, Slate, Meagher & Flom LLP

M&A in the AI Era: Key Antitrust and National Security Considerations

Key Points - - As more jurisdictions adopt AI regulations, and AI-related transactions are reviewed on multiple legal grounds, it is critical for companies considering deals to assess the regulatory hurdles early on and...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

Mogin Law LLP

Big Tech’s Decade of A.I. Shopping

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Does anybody remember Napster? Launched in June 1999, the revolutionary peer-to-peer music sharing platform peaked at 80 million music lovers worldwide. It famously fell from greatness into bankruptcy three years later after...more

Katten Muchin Rosenman LLP

Foreign Investment and National Security: Navigating Heightened Scrutiny of US, EU and UK Cross-Border Deals

As geopolitical tensions ratchet higher across the globe – fueled by the ongoing conflict in Ukraine, turbulent relations between China, the United States (US), and Europe, escalating conflict in the Middle East, and...more

HaystackID

Biden Poised to Block Nippon Steel’s Acquisition of U.S. Steel, Citing National Security Concerns

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President Joe Biden is reportedly poised to formally block the proposed $14.9 billion acquisition of U.S. Steel by Japan’s Nippon Steel, a decision anticipated to have significant implications for the American steel industry...more

A&O Shearman

National Security Division Announces New Self-Disclosure Policy in M&A Transactions

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The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture capital firms and their...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

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Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Ankura

U.S. DOJ’s New Safe Harbor Policy: Conducting Enhanced M&A Due Diligence

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Last month, U.S. Deputy Attorney General Lisa O. Monaco announced a new Safe Harbor Policy for voluntary self-disclosure (the “Policy”) made in connection with merger and acquisition activity. The Policy is intended to bring...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

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Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more

Holland & Knight LLP

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

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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

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Bass, Berry & Sims PLC

A First! President Hones Government’s Foreign Investment Review

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On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United...more

Holland & Knight LLP

New Executive Order Creates Roadmap of Heightened CFIUS Scrutiny for Cross-Border M&A

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President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

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Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

Morrison & Foerster LLP

Several UK Government National Security Interventions Confirm Heightened Deal Risk for UK Investments

Last week saw the first publicly disclosed uses by the UK Government of its new and expansive powers to investigate deals on national security grounds under the National Security and Investment Act (“NSIA”), which came into...more

Davies Ward Phillips & Vineberg LLP

Foreign Investment Review in Canada: Top Trends and Developments for 2022

The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to...more

Goodwin

Private Equity Market Update

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UPDATES AT A GLANCE — FEBRUARY 2022 MARKET TRENDS: - 2021 U.S. PE Market Trends in Review - Goodwin Private Equity Deal Database – Reverse Break Fees - R&W Insurance – Rate on Line and Insurer Appetite KEY TRANSACTION...more

Morrison & Foerster LLP

M&A in 2021 and Trends for 2022

2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more

Skadden, Arps, Slate, Meagher & Flom LLP

Will Europe’s M&A Boom Survive Stricter Regulation, Shareholder Resistance and COVID?

Takeaways - Although deal flow continues to be strong, stricter antitrust and national security reviews may pose obstacles for some mergers. Financial sponsors remain very active, and with more corporate divestitures...more

A&O Shearman

How are government national security probes affecting technology transactions across the world?

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The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

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On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

Faegre Drinker Biddle & Reath LLP

Application of the U.K.’s National Security and Investment Act to M&A Transactions

Although the U.K.’s National Security and Investment Act 2021 (NSI Act), which sets out the U.K.’s new national security investment screening framework, received Royal Assent on April 29, 2021, the vast majority of the NSI...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

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