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National Security and Real Estate: Mind the Gap Between Federal and State Jurisdiction

Jurisdictional limits on the Committee on Foreign Investment in the United States (CFIUS) regarding the review of certain real estate transactions have led Congress to introduce proposals expanding its jurisdiction and...more

National Security–Related Considerations When Investing in US Companies

There are many international and Asia-based investors looking to invest in companies in the US for both strategic and commercial reasons, and in return they offer attractive sources of funding. Often, financial investments...more

Biden Issues CFIUS Executive Order: What Has Changed and What Remains the Same

President Joseph Biden’s recently issued Executive Order provides guidance related to the US national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States....more

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

Final CFIUS Mandatory Declaration Rule Shifts Focus to Export Control Requirements

US businesses that manufacture or are involved with critical technologies should consider whether they need an export license under the final CFIUS mandatory declaration requirements, effective October 15, 2020....more

CFIUS’s Final Real Estate Regulations: Still a Largely Voluntary Process

The CFIUS real estate regulations reflect a new emphasis on real estate transactions based on proximity to military installations and certain critical infrastructure, requiring careful analysis when deciding whether a real...more

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). ...more

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