On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For...more
On February 8, 2022, Auxin Solar Inc. filed a petition requesting that the US Department of Commerce (Commerce) initiate a circumvention investigation into whether imports of crystalline silicon photovoltaic cells (CSPs)...more
3/30/2022
/ Affirmative Action ,
Anti-Dumping Duty ,
China ,
Comment Period ,
Countervailing Duties ,
Energy Projects ,
Energy Sector ,
Investigations ,
Solar Energy ,
Supply Chain ,
Tariffs ,
U.S. Commerce Department
In this alert, our trade and sanctions team provides an update on the latest sanctions following our February 24, 2022, alert. In the interim, the United States has imposed new sanctions on Russia and Belarus in response to...more
3/10/2022
/ Asset Freeze ,
Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Energy Sector ,
Entity List ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Ukraine
The Russian invasion of Ukraine has triggered swift international retribution. Global powers—including the European Union (EU), the United Kingdom (UK) and the United States (US)—have announced sanctions as the crisis in...more
2/25/2022
/ Asset Freeze ,
Cyber Attacks ,
Economic Sanctions ,
EU ,
European Commission ,
Executive Orders ,
General Licenses ,
Human Rights ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Bans ,
UK ,
Ukraine
Join us on October 19 (ET), October 20 (CST) 2021 for a virtual event held jointly by Fangda Partners (China) and McDermott Will & Emery (US and Europe). In this webinar we will be focusing on recent international trade...more
10/15/2021
/ Biden Administration ,
China ,
Economic Sanctions ,
EU ,
Executive Orders ,
Export Controls ,
Exports ,
Military End Use ,
Multinationals ,
Trade Relations ,
Webinars
In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more
1/7/2021
/ Acquisitions ,
Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
FRAND ,
Global Market ,
Intellectual Property Protection ,
International Data Transfers ,
Investors ,
Japan ,
Mergers ,
Patent Portfolios ,
US Trade Policies ,
Webinars ,
White Collar Crimes
President Trump’s May 1, 2020, Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications...more
In this article, we discuss two notable recent developments in CFIUS reviews: First, CFIUS’s expanded jurisdiction over foreign investments in companies that receive emergency COVID-19-related DPA financing, and second, the...more
The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more
1/23/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Declaration ,
Export Controls ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Entities ,
Foreign Investment ,
Foreign Nationals ,
General Licenses ,
Investment Funds ,
NAICS ,
National Security ,
Personal Data ,
Regulatory Oversight ,
U.S. Treasury ,
UK
A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors.
Digital...more
12/20/2019
/ CFIUS ,
Digital Health ,
Digital Services Tax ,
Global Dealmaking ,
Healthcare ,
International Arbitration ,
Life Sciences ,
Medical Devices ,
Outbound Transactions ,
Private Equity ,
State-Owned Enterprises ,
UK Competition and Markets Authority (CMA)
EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE -
Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive...more
11/15/2019
/ Abuse of Dominance ,
Artificial Intelligence ,
Bribery ,
CFIUS ,
Collusion ,
Competition ,
Digital Marketplace ,
EU ,
European Commission ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Interim Measures ,
Manufacturers ,
Personal Data ,
Real Estate Transactions ,
Resale Price Maintenance (RPM)
Since the Trump Administration announced its tariffs on Chinese goods, the US-China trade war has continued to escalate and create uncertainty for many US, Chinese and other international companies. The Trump Administration’s...more
10/28/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Criminal Liability ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Policy ,
Supply Chain ,
Tariffs ,
Technology Sector ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
US Trade Policies
The US Treasury Department issued proposed regulations that would “comprehensively” implement legislation passed last year, FIRRMA, to broaden the jurisdiction of CFIUS. Interested parties have until October 17 to file...more
9/23/2019
/ CFIUS ,
Code of Federal Regulations (CFR) ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
FCPA UPDATES FOR GLOBAL COMPANIES -
In recent months, the US Department of Justice (DOJ) has issued important guidance for global companies on corporate compliance programs and the Foreign Corrupt Practices Act (FCPA)...more
7/2/2019
/ CFIUS ,
Chief Compliance Officers ,
Corporate Fines ,
Corporate Misconduct ,
Data Protection ,
Data Protection Authority ,
Department of Justice (DOJ) ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Direct Investment ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Google ,
National Security ,
New Guidance ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
IN THIS ISSUE -
Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
4/30/2019
/ Arbitration Agreements ,
Beneficiaries ,
Biotechnology ,
CFIUS ,
China ,
Contractual Safeguards ,
Cryptocurrency ,
Estate Planning ,
Foreign Investment ,
Inheritance ,
Pharmaceutical Patents ,
Trustees ,
Trusts ,
Wealth Management
The Committee on Foreign Investment in the United States recently broadened its coverage of biotechnology transactions via new regulations that became effective on November 10, 2018. This article provides perspectives about...more
The US Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), issued two interim rules implementing provisions of the recently enacted Foreign Investment...more
The Foreign Investment Risk Review Modernization Act (FIRRMA) is expected to be signed into law by President Trump in the coming days. FIRRMA updates and expands the role of the Committee on Foreign Investment in the United...more
In response to increasing concerns about foreign investment and access to sensitive US technology, particularly by Chinese investors, the US Senate and House of Representatives recently passed slightly different versions of a...more
President Trump announced on March 1, 2018, that sometime this week or next, the Trump Administration will place 25 percent tariffs on all steel imports and 10 percent tariffs on all aluminum imports. The tariffs come after...more
Since introducing legislation in late 2017 seeking to expand the jurisdiction of the Committee on Foreign Investment in the United States, Congress has continued to evaluate the proposed Foreign Investment Risk Review...more
Legislation has now been introduced in the US Congress that would significantly expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to a broader scope of transactions and, for some...more
We reported earlier on the Committee on Foreign Investment in the United States (CFIUS) and its legal and practical authority to review M&A transactions for possible risks to US national security posed by foreign ownership of...more
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced “syphius”) reviews M&A transactions that may pose a risk to national security through foreign control of a US business. (See our recent...more
The Obama Administration made significant new regulatory changes to allow certain investment opportunities in the Cuban health care and biotech industries. While many barriers remain, US firms in the health care industry...more