News & Analysis as of

Committee on Foreign Investment in the United States

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

Proskauer - Regulatory & Compliance

Trump Administration issues America First Investment Policy

Positive Development for Investors from Allied Nations - In a further solidification of the Administration’s efforts to isolate identified adversaries and strengthen U.S. leadership key strategic technologies, the...more

Goodwin

Life Sciences Companies Must Navigate the DOJ Data Rule

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Life sciences companies have long been outside the scope of US national security regulations and benefited from significant exemptions under US privacy laws. ...more

Blank Rome LLP

The BR International Trade Report: April 2025

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Welcome to this month’s issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter highlighting international trade, sanctions, cross-border investment, geopolitical risk issues, trends, and laws...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

StoneTurn

Mitigating National Security Threats in Commercial Transactions

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In recent years, the U.S. government has taken a closer look at investments, mergers and acquisitions, and other business activity that may have an impact on U.S. national security. For corporations and investors, this means...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

Maynard Nexsen

CFIUS & Foreign Direct Investment in Economic Development Projects

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On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which promotes foreign investment in the United States from allies yet also signals restrictions for certain investments in...more

Torres Trade Law, PLLC

America First Investment Policy Restricts Adversaries and Welcomes Investment from Allies

On February 21, 2025, President Trump issued a memorandum titled "America First Investment Policy" (the “Policy”), outlining new measures to shape U.S. investment policy. Though the Policy makes it clear that the United...more

Holland & Knight LLP

Podcast - The "I" in FOCI and AI: Innovation, Intelligence, Influence

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In the 20th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by John Metz, a product manager at Agile Defense, and Antonia Tzinova, the head of Holland & Knight's CFIUS and...more

DLA Piper

IMpact: Investment Management News – March 2025

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4 key takeaways from the Trump Administration’s first 70 days - Welcome to IMpact: Investment Management News. In this regular bulletin, DLA Piper lawyers share their insights on key developments that are impacting the...more

Katten Muchin Rosenman LLP

Will Texas Become the First State To Enact a “Mini-CFIUS” Review Process?

On March 13, 2025, the Texas Legislature introduced HB 5007, which, if enacted, could establish the first US state regime tasked with screening foreign investments on national security grounds....more

Foley & Lardner LLP

Weathering the Storm: Key M&A Considerations for Foreign Investors Entering the U.S. Market

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Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more

Dacheng

How China Scrutinizes Foreign Deals: Antitrust and National Security Mechanisms in the BlackRock-Hutchison

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On March 4, 2025, CK Hutchison Holdings Limited (“CK Hutchison”), controlled by the Li Ka-Shing family, announced a significant transaction on the Hong Kong Stock Exchange: the proposed sale of 80% equity in its port business...more

Morgan Lewis

Regulatory Shifts in Aerospace and Defense: What Businesses Need to Know as 2025 Takes Flight

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The aerospace and defense industry is facing a rapidly shifting legal landscape in 2025, shaped by regulatory updates, enforcement trends, and geopolitical considerations. With increased scrutiny on foreign investments,...more

Cooley LLP

The America First Investment Policy

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On February 21, 2025, the White House issued a memorandum announcing the America First Investment Policy (AFIP) and directing executive branch departments and agencies to promulgate rules and regulations to promote America’s...more

American Conference Institute (ACI)

[Event] 11th National Conference on CFIUS - April 24th - 25th, Washington, DC

Determine how the new administration will affect CFIUS practitioners and how the committee will continue its enforcement practices at ACI’s 11th National Conference on CFIUS. ​Don’t miss your best opportunity to hear how your...more

Foley Hoag LLP - White Collar Law &...

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace...more

StoneTurn

2025 and Cybersecurity: What is Your Strategy?

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Cybersecurity in 2025 will continue to face escalating challenges from AI-driven threats, geopolitical tensions, and increased regulatory scrutiny. Organizations must adapt to sophisticated cyberattacks fueled by AI,...more

Guidepost Solutions LLC

America First Investment Policy: Navigating the Shift in CFIUS Mitigation

Every new presidential administration brings with it a degree of uncertainty regarding potential shifts in the Committee on Foreign Investment in the United States (CFIUS) process. This is especially true in our current...more

Hogan Lovells

President Trump issues “America First Investment Policy” proposing significant changes to inbound and outbound investment regimes

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On February 21, 2025, President Trump issued a National Security Presidential Memorandum entitled the “America First Investment Policy” (“NSPM-3”) that outlines the Administration’s national security priorities with respect...more

Husch Blackwell LLP

February 2025 Trade Law Update

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In Husch Blackwell’s February 2025 Trade Law Update you’ll learn about the following updates in international trade and supply chain law: •An update on U.S. Department of Commerce decisions - •U.S. International Trade...more

Wilson Sonsini Goodrich & Rosati

President Trump Issues “America First Investment Policy”

On February 21, 2025, the White House released a memorandum titled, “America First Investment Policy” (the Memorandum). The Memorandum describes how this Administration plans to address U.S. national security risks stemming...more

Mayer Brown

Trump Administration’s “America First Investment Policy” Previews New Restrictions on Inbound and Outbound Investment

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On February 21, 2025, President Trump issued a new memorandum addressing both foreign investment into the United States and outbound investment by US persons. Without imposing immediate legal or regulatory changes, the...more

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