News & Analysis as of

Trump Administration Foreign Investment FIRRMA

Phelps Dunbar

CFIUS’ Expanding Role in Gulf South Real Estate Transactions

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The Gulf Coast is experiencing a surge in renewable energy projects, industrial projects and data center projects throughout our region. When targeting potential project sites, developers and investors should identify early...more

White & Case LLP

CFIUS Annual Report for 2019 Shows Key Trends; TikTok Faces CFIUS Review and, Together with WeChat, Other US Restrictions

White & Case LLP on

In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — Well I Do Declare: Mandatory Declarations Everywhere

On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule that removes a restriction formerly in the...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — CFIUS Scrutiny in Biotech: The Ekso Case and the Eye of the Terminator

Robotic exoskeletons may augment human strength, endurance, and mobility. The latest CFIUS action has all the makings of a Terminator movie. This month, the Committee on Foreign Investment in the United States (“CFIUS”)...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

Williams Mullen

CFIUS Requirements Expanded Under New Regulations; President Orders Yet Another CFIUS Divestiture

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CFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process. In addition, President Trump has ordered another divestiture of a Chinese acquisition of a U.S....more

Orrick, Herrington & Sutcliffe LLP

President Trump Orders Divestment of U.S. Company; CFIUS Clears Semiconductor Transaction

It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Cadwalader, Wickersham & Taft LLP

Final Regulations on Expanded Authority of CFIUS to Review Foreign Investor Transactions Go into Effect

Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”) which broadened the power of the Committee on Foreign Investment in the United States (“CFIUS”) to review foreign...more

Fox Rothschild LLP

New Foreign Investment Restrictions In Tech, Infrastructure And Data

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Starting Feb. 13, 2020, U.S. companies in tech, infrastructure and data seeking minority or controlling foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ First Full Year Under FIRRMA

The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more

Goulston & Storrs PC

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

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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

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

White & Case LLP on

Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory. The Committee on Foreign Investment in the United States...more

Fox Rothschild LLP

New Foreign Investment Restrictions on the Horizon in Tech, Infrastructure and Data

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U.S. companies in tech, infrastructure and data seeking foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before closing certain transactions. Last year, President...more

Eversheds Sutherland (US) LLP

Expanding the National Security review of foreign investments - Long-awaited regulations provide definitions, exceptions and some...

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more

Carlton Fields

FIRRMA Impact on Real Estate Transactions

Carlton Fields on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) now specifically brings real estate transactions directly under the jurisdiction and review of the Committee on Foreign Investment in the United States...more

White & Case LLP

Defying gravity: US M&A H1 2019: A break in the clouds: M&A in the first half of 2019

White & Case LLP on

The US M&A market delivered a surprisingly robust first half, with total value rising 9 percent year-on-year. Volume, on the other hand, dipped 21 percent. Defying all odds, US M&A value rose in the first half of 2019....more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

Morgan Lewis

Voluntary CFIUS Notices Remain Important Under FIRRMA

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With many companies focused on analyzing transactions for applicability of the Committee on Foreign Investment in the United States’ (CFIUS or Committee) pilot program mandatory declaration requirements, transacting parties...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS in the Face of a Prolonged Government Shutdown: What It Means for Deals

As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more

Verrill

Seeking Foreign Investments? New Law Says You May Have to Wait

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Unbeknownst to many, a wrench has been thrown into the funding plans of many U.S. startups and other growing U.S. companies by virtue of President Trump’s enactment of the Foreign Investment Risk Review Modernization Act of...more

Hogan Lovells

Government shutdown affects antitrust and CFIUS reviews of transactions

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After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency...more

Wilson Sonsini Goodrich & Rosati

CFIUS Past, Present, and Future: A 2018 CFIUS Carol

CFIUS Past, Present, and Future: A 2018 CFIUS Carol - The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more

King & Spalding

Treasury Issues Interim Regulations for CFIUS Reform Bill

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On November 10, 2018, the Committee on Foreign Investment in the United States (“CFIUS”) began implementation of significant provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), starting with the...more

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