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Congress Re-Enters the Nord Stream 2 Fight with Amendment to NDAA

In the latest turn of events in the seemingly never-ending political saga of the Nord Stream 2 pipeline, the U.S. House of Representatives (the “House”), via an amendment to the 2022 National Defense Authorization Act...more

Senate Republicans Introduce Legislation To Impose Sanctions On Nord Stream 2 Following The Biden Administration’s Waiver

The legal and political skirmishing continued on both sides of the Atlantic in recent weeks over Nord Stream 2, the nearly finished Russian natural gas pipeline that continues to serve as a flash point within Europe and...more

Better File Than Sorry – Second Set Of German FDI Screening Rules Imposes Strict Penalties, And Still More To Come

The second of three packages of proposed 2020 amendments to the German rules on control over foreign direct investments (FDI), effective on July 17, 2020, brings a scheme of severe civil and criminal penalties and lays the...more

German Foreign Investment Control – Stricter Scrutiny For Non-EU PE Investors In Sensitive Businesses

Effective June 3, 2020, the screening of foreign direct investments (FDIs) has been expanded in Germany with a first tranche of new rules primarily affecting the healthcare sector. This expansion of the FDI control scheme...more

First Set Of Stricter German FDI Screening Rules Take Effect – More To Come Soon In Germany And Across The EU

EXECUTIVE SUMMARY- Effective June 3, 2020, the screening of foreign direct investments (FDI) has been expanded in Germany, with a first tranche of new rules primarily affecting the healthcare sector. Drivers for the...more

INSTEX and Europe’s “Legitimate Trade” with Iran - Skepticism prevails as Instrument for Supporting Trade Exchanges (INSTEX) is...

Three weeks ago, France, Germany, and the United Kingdom (the “E3”) created INSTEX SAS (Instrument for Supporting Trade Exchanges, INSTEX), an entity designed to enhance business between the EU and Iran and to serve as a core...more

Foreign Investment Control in EU Becomes More Stringent - Chinese Version

Investing in the EU? Tighter foreign investment control is on its way as the new EU foreign investments control scheme takes shape while national governments adopt and enforce stricter rules. SUMMARY - Recent EU foreign...more

Maximizing Protection of Attorney-Client Privilege in Germany

The Diesel-gate scandal has now affected attorney-client privilege in Germany. Several German courts approved a search of international law firm Jones Day’s premises in Germany and the seizure of attorney-client communication...more

Foreign Investment Control in EU Becomes More Stringent

Investing in the EU? Tighter foreign investment control is on its way as the new EU foreign investments control scheme takes shape while national governments adopt and enforce stricter rules....more

European M&A Market Insights, Summer 2017

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics...more

“Reciprocity Rules” – Germany, France and Italy Initiate Debate About EU-Wide Restrictions on Foreign Investment and Access to...

The ministers of economy for three European Union (EU) and Eurozone members—Germany, France and Italy—in a joint proposal addressed to the EU Commissioner for Trade Cecilia Malmström are putting “proposals for ensuring an...more

MoFo Global Procurement Quarterly: Winter 2015

In This Issue: - Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny - RWIND Tenderer Test: Objective or...more

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