News & Analysis as of

Regulatory Agenda Regulatory Requirements Committee on Foreign Investment in the United States

Bass, Berry & Sims PLC

DOJ Publishes Final Rule Restricting Bulk Cross-Border Data Transfers of Sensitive Data to Foreign Persons

On April 8, the U.S. Department of Justice’s (DOJ) Final Rule, codified at 28 CFR Part 202, (Final Rule), implementing President Biden’s Executive Order 14117 “Preventing Access to U.S. Sensitive Personal Data and...more

Skadden, Arps, Slate, Meagher & Flom LLP

National Security: Trump Orders Review of Export, Supply Chain, ‘Reverse CFIUS’ Rules

Several of President Donald Trump’s initial actions — from an executive order instituting a new artificial intelligence (AI) policy framework, to those directing the use of the U.S. military to provide border security, the...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

Torres Trade Law, PLLC

The Mergers & Acquisitions Review: US Trade Compliance Due Diligence 2024

Torres Trade Law, PLLC on

In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more

White & Case LLP

CFIUS Announces Enforcement Updates, Including Details on Large Penalty Assessments

White & Case LLP on

The Committee on Foreign Investment in the United States (CFIUS or the Committee) has launched a new CFIUS Enforcement webpage, highlighting the Committee's heightened focus on "increasingly exercising its enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Are Fintechs Prepared for More Regulatory Scrutiny? Questions Fintech Boards Will Want To Ask

The 2024 elections may usher in laws and regulations that impact fintechs, making it important for management to identify the areas that present the greatest challenges and opportunities....more

McDermott Will & Schulte

Cross-Border M&A: What Non-US Investors Should Know

In contemplating a potential acquisition in the United States, there are multiple considerations that require significant analysis to achieve the strategic goals of such acquisition. It is paramount to consider the...more

Akerman LLP

Treasury Proposes Enhancements to CFIUS Procedures, Penalties, and Enforcement Authority

Akerman LLP on

On April 11, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (NPRM) proposing a new rule updating the mitigation and enforcement provisions of the regulations administered by the Committee on...more

White & Case LLP

CFIUS Proposes Regulatory Updates to Shorten Mitigation Negotiation Timelines for Transaction Parties & Expand CFIUS Authorities...

White & Case LLP on

On April 11th, the US Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking (NPRM) to "enhance certain CFIUS procedures and sharpen...more

Sheppard Mullin Richter & Hampton LLP

The EU Commission Gets Serious About Foreign Direct Investment Screening

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests...more

Bass, Berry & Sims PLC

The Federal Corporate Transparency Act Through the Lens of Private Equity: Unique Challenges Await

Bass, Berry & Sims PLC on

With a stated goal of enhancing transparency of business ownership, the federal Corporate Transparency Act (CTA) mandates various types of businesses – such as corporations, limited liability companies, and limited...more

Bass, Berry & Sims PLC

Unveiling the Federal Corporate Transparency Act: Requirements, Compliance, and Implications

Bass, Berry & Sims PLC on

The Corporate Transparency Act (CTA) is a federal law that will require various types of businesses – such as corporations, limited liability companies, and limited partnerships operating in the United States – to begin to...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

WilmerHale on

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

Goulston & Storrs PC

CFIUS Jurisdiction over Real Estate Transactions Expanded: Foreign Investors Should Take Notice

Goulston & Storrs PC on

The Trump administration continues to expand the powers of the US government to block foreign investment in the U.S. on national security grounds. In 1975, President Gerald Ford established the Committee on Foreign Investment...more

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