On October 10, 2018, the US Department of the Treasury issued a set of interim regulations for a pilot program implementing certain provisions of the Foreign Investment Risk Review Modernization Act of 2018, which President...more
August 1, 2018, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2018, pursuant to paragraphs (b)(2) and (b)(3)(iii) of...more
The US government is poised to announce restrictions on Chinese participation in designated US technology sectors. The restrictions, which the Trump Administration is expected to release on June 29, 2018, are reported to...more
As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the...more
What’s on tap for 2018 M&A? A recap of 2017 trends and the Cooley outlook on this year’s dealmaking: -
Buying Innovation: Retention and Non-Competes. For both old-line companies and tech giants, innovation is the name of...more
2/9/2018
/ Acquisitions ,
Appraisal ,
Appraisal Rights ,
CFIUS ,
Department of Justice (DOJ) ,
Hart-Scott-Rodino Act ,
Innovation ,
Life Sciences ,
Mergers ,
Size of Persons Test ,
Size of Transaction Test
The new year brings with it the reporting deadlines for exports of encryption items under the US Export Administration Regulations. February 1, 2018, is the deadline for submitting annual self-classification reports for...more
The Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") has received much attention over the past several months for its role in blocking two separate Chinese acquisitions of US semiconductor...more
The window for Department of Defense (DoD) contractors to bring themselves into compliance with cybersecurity requirements is closing. Specifically, changes to the Defense Federal Acquisition Regulation Supplement (DFARS)...more
Last week, President Trump issued an Executive Order prohibiting the acquisition of Lattice Semiconductor Corporation (Lattice), a US computer chip manufacturer, by a Chinese investor. The president's order blocking the...more
9/20/2017
/ Acquisitions ,
CFIUS ,
China ,
Corporate Counsel ,
Executive Orders ,
Foreign Investment ,
National Security ,
Popular ,
Semiconductors ,
Technology Sector ,
Trump Administration
August 1, 2017, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2017, pursuant to paragraphs (b)(2) and (b)(3)(iii) of...more
On April 18, 2017, the president issued an executive order announcing a policy of maximizing the federal government's procurement of goods, products and materials produced in the United States, as well as "rigorously"...more
Effective January 19, 2017, companies awarded federal government contracts will be required to ensure that their employees receive annual privacy training if those employees (1) handle personally identifiable information...more
The new year brings with it the reporting deadlines for exports of encryption items under the US Export Administration Regulations (“EAR”). February 1, 2017 is the deadline for submitting annual self-classification reports...more
According to recent news reports, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a subpoena in April to Huawei Technologies Co. ("Huawei"), one of the world's largest telecommunications equipment...more
Today, March 24, 2016, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a final rule revising the Export Administration Regulations ("EAR") and creating a temporary general license lifting certain...more
The US Commerce Department's Bureau of Industry and Security ("BIS") has issued a final rule amending the Export Administration Regulations ("EAR") and imposing trade restrictions against Zhongxing Telecommunications...more
Each year, the US government releases a public version of a classified report to Congress summarizing the government's confidential review of certain foreign investments in the United States. The entity responsible for the...more
Much has been written recently about the lifting of the US embargoes targeting Iran and Cuba. Despite recent liberalization in discrete areas (e.g., travel, family remittances, and internet based communications),...more
Every five years, the US Commerce Department's Bureau of Economic Analysis ("BEA") conducts a "Benchmark Survey" of US direct investment abroad, from which BEA compiles the US economic accounts and analyzes the activities of...more
Under a new rule, US business enterprises are required to report certain types of foreign direct investment in the United States to the US Commerce Department's Bureau of Economic Analysis ("BEA"). Reporting is accomplished...more