News & Analysis as of

Committee on Foreign Investment in the United States

Baker Donelson

CFIUS Announces Fast Track Pilot Program: How Foreign Investors Can Take Advantage

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The Department of Treasury announced a forthcoming Fast Track Pilot Program where foreign investors can register to streamline compliance with the Committee on Foreign Investment in the United States (CFIUS). The goal of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Foreign Correspondent Podcast | The America First Investment Policy and What it Means for Investors

In our latest "Foreign Correspondent" podcast, we detail the Trump administration's America First Investment Policy. Host Jason Hewitt is joined by Michael Considine, former Deputy Assistant Secretary at the US Department of...more

Mayer Brown

Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency

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On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close...more

Sheppard Mullin Richter & Hampton LLP

Big State, Big Scrutiny: Texas Steps into the Foreign Investment Review Arena

Recently, the Texas House of Representatives introduced HB 5007, along with its companion bill SB 2117. The legislation—“Relating to the establishment of the Texas Committee on Foreign Investment to review certain...more

Wilson Sonsini Goodrich & Rosati

The CFIUS “Fast-Track” Pilot Program: Why You (Probably) Can Ignore This Space

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced that it will create a “fast-track pilot program” for certain foreign investors. The stated goal of the program is to streamline investment reviews by...more

Troutman Pepper Locke

New “Fast-Track” Announced for Foreign Investment Approval

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On May 8, the Treasury Department announced a plan to introduce a new Known Investor portal as a key component of the “fast-track” process for investments by U.S. allies and partners under review by the Committee on Foreign...more

Vinson & Elkins LLP

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment”

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The Texas legislature has been active recently in proposing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Texas does not currently have state-level restrictions on foreign ownership of...more

Cooley LLP

CFIUS Non-Notified Transaction Enforcement: Cooley’s Five-Year Lookback

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March 2025 marked the fifth anniversary of the Committee on Foreign Investment in the United States (CFIUS) initiative to “formalize and centralize” within the Department of the Treasury an enforcement function to identify...more

Morrison & Foerster LLP

Terrorism Designations Primer: Process, Authorities, and Recourse

Since the mid-1990s, the Executive Branch has sought to target foreign terrorist organizations, and those individuals and organizations supporting them, in order to degrade their funding and support. Organizations and...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Announces Fast Track Pilot Program for Certain Investors

On May 8, 2025, the U.S. Department of the Treasury (Treasury) announced plans to establish a “fast-track” review process for the Committee on Foreign Investment in the United States (CFIUS). This initiative implements a key...more

Venable LLP

Piloting a "Fast Track" at CFIUS: New Process for Foreign Investors Expected Soon

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On May 8, 2025, the U.S. Department of the Treasury, which leads the interagency Committee on Foreign Investment in the United States (CFIUS), announced plans to establish a fast-track process for foreign investors, including...more

Hogan Lovells

U.S. Treasury announces fast track pilot program for foreign investment reviews

Hogan Lovells on

Key takeaways U.S. Treasury to establish a “fast track” foreign investment review process. It will include a “Known Investor” portal that allows the submission of information in advance of filing with Committee on Foreign...more

Holland & Knight LLP

Treasury Department Announces Fast-Track Pilot Program for Foreign Investors

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The U.S. Department of the Treasury on May 8, 2025, announced its intent to launch a fast-track process to facilitate greater investment from allied and partner sources. The process will include the launch of a "Known...more

Baker Botts L.L.P.

U.S. Treasury Department Announces Intent to Launch Fast Track Program to Streamline CFIUS Reviews for Certain Foreign Investors

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On May 8, 2025, the U.S. Treasury Department announced its intent to launch a Fast Track Pilot Program designed to streamline the Committee on Foreign Investment in the United States ("CFIUS") review process for certain...more

Husch Blackwell LLP

Week Sixteen in Trade

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In its FAQs, U.S. Custom and Border Protection (CBP) clarified the exemption from reciprocal tariffs for goods subject to steel/aluminum Section 232 duties under HTSUS 9903.01.33. CBP clarified that the exemption only applies...more

Wiley Rein LLP

Wiley's 2025 Key Trade Developments Series: CFIUS Review and Outbound Investments

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As national security priorities increasingly shape U.S. investment policy, recent actions—including the Biden Administration’s outbound investment program and the “America First Investment Policy” memorandum—mark a notable...more

Fenwick & West LLP

Buy-Side M&A Playbook: Preparing for an Aerospace & Defense Deal

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Acquiring a company in the aerospace, defense, and critical manufacturing sectors requires more than just financial readiness. These industries come with unique regulatory challenges, security concerns, and government...more

Bass, Berry & Sims PLC

DOJ Publishes Final Rule Restricting Bulk Cross-Border Data Transfers of Sensitive Data to Foreign Persons

On April 8, the U.S. Department of Justice’s (DOJ) Final Rule, codified at 28 CFR Part 202, (Final Rule), implementing President Biden’s Executive Order 14117 “Preventing Access to U.S. Sensitive Personal Data and...more

Cadwalader, Wickersham & Taft LLP

Delaware Chancery Court Enforces Specific Performance and Forces Merger to Close

A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. v. Nano Dimension Ltd., the...more

Skadden, Arps, Slate, Meagher & Flom LLP

President Trump’s First 100 Days: Impacts and Projections

The first 100 days of a new administration sets the tone for policy direction and regulatory priorities. The following key takeaways from the Trump administration’s first three months highlight significant trends, shifts and...more

Torres Trade Law, PLLC

First Quarter Foreign Direct Investment Updates

On February 21, 2025, the Trump administration published its “America First Investment Policy” memorandum. Among other items, the Policy calls for the United States to restrict China-affiliated persons from investing in...more

Latham & Watkins LLP

Deputy Treasury Secretary Provides Key Insights Into CFIUS and Outbound Policy Direction

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Potential policy changes could offer opportunities for CFIUS filers in low-risk transactions while introducing added challenges for transaction parties linked to sensitive countries....more

Seward & Kissel LLP

Not the Rite Stuff, Private Eyes, and Inquiring Minds

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Rite Aid bankruptcy update: report says pharmacy chain may be facing insolvency as businesses close | Fast Company - Having previously filed for bankruptcy in 2023, Rite Aid is now preparing to file a second bankruptcy...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Paul Hastings LLP

A Victory for Deal Certainty: Reasonable Best Efforts Covenants Should be Taken Seriously

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The recent decision of the Delaware Court of Chancery in Desktop Metal, Inc. v. Nano Dimension Ltd. and Nano USI I, Inc. provides valuable lessons for both sellers and buyers on deal certainty and reasonable best efforts...more

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