News & Analysis as of

Cross-Border Transactions Committee on Foreign Investment in the United States Jurisdiction

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

Latham & Watkins LLP on

The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Morgan Lewis

Revisiting CFIUS Jurisdiction Over Real Estate Transactions

Morgan Lewis on

Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...more

A&O Shearman

Covid–19 coronavirus update: global application of foreign investment control rules (updated 13 November 2020)

A&O Shearman on

The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more

Jackson Walker

Exceptions to Coverage for “Excluded” Foreign Investors and States and Investment Funds From the Expanded CFIUS Jurisidiction

Jackson Walker on

As discussed in the initial article on the new CFIUS regulations, there are two important exceptions from coverage that need to be evaluated in determining what, if any, steps need to be taken to ensure compliance with the...more

Jackson Walker

CFIUS Begins Review Process for Real Estate Transactions by a Foreign Investor

Jackson Walker on

Growing concern about foreign surveillance and intelligence gathering led Congress to provide CFIUS with authority to review real estate transactions by foreign parties when it passed FIRRMA... Prior to FIRRMA, CFIUS began to...more

Jackson Walker

New Rules Expand CFIUS Jurisdiction Over Foreign Investment in U.S. Businesses and Real Estate

Jackson Walker on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews mergers, acquisitions, and takeovers by foreign persons of U.S. companies and assets that have the potential to pose...more

Kelley Drye & Warren LLP

CFIUS finalizes expanded jurisdiction over foreign transactions in U.S. real estate

On January 17, 2020, the U.S. Treasury Department published final rules in the Federal Register implementing the Foreign Risk Review Modernization Act (“FIRRMA”), one of which implements FIRRMA’s provisions regarding foreign...more

White and Williams LLP

Final Regulations Expanding CFIUS Jurisdiction Over Investments by Foreign Persons

White and Williams LLP on

On January 13, 2020, the U.S. Treasury Department issued final regulations (the Regulations) expanding the scope of foreign investments subject to review by the Committee on Foreign Investment in the United States (CFIUS)...more

Hogan Lovells

New CFIUS Rules Potentially Impacting Nuclear Foreign Investment

Hogan Lovells on

After over a year of anticipation, in January the U.S. Treasury Department released its final regulations that revise the jurisdiction and rules for the Committee on Foreign Investment in the United States’ (CFIUS), following...more

Vinson & Elkins LLP

[Event] CFIUS Reform Regulations Go Into Effect on February 13: What You Need to Know About the New CFIUS - Feb. 11th, 12:00 pm CT...

Vinson & Elkins LLP on

On January 13, 2020, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released the final regulations to implement the 2018 CFIUS reform law, the Foreign...more

Stinson - Corporate & Securities Law Blog

CFIUS Excepted Investors: Canada, United Kingdom and Australia

On January 13, 2020, the U.S. Department of Treasury published final regulations relating to the Committee on Foreign Investment in the United States, or CFIUS.  The regulations implement the Foreign Investment Risk Review...more

Orrick, Herrington & Sutcliffe LLP

New CFIUS Rules – Eight Key Points

The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more

Dechert LLP

Implementing FIRRMA: CFIUS’ Real Estate Final Regulations

Dechert LLP on

On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued a final set of regulations (“Real Estate Final Regulations”) to...more

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ Final Regulations

Dechert LLP on

On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the Foreign Investment Risk...more

Goulston & Storrs PC

CFIUS Jurisdiction over Real Estate Transactions Expanded: Foreign Investors Should Take Notice

Goulston & Storrs PC on

The Trump administration continues to expand the powers of the US government to block foreign investment in the U.S. on national security grounds. In 1975, President Gerald Ford established the Committee on Foreign Investment...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposed Regulations – Evolution Toward Broad Foreign Investment Screening Continues Apace

The Committee on Foreign Investment in the United States (CFIUS) has published proposed regulations that, when finalized, will...more

Carlton Fields

FIRRMA Impact on Real Estate Transactions

Carlton Fields on

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) now specifically brings real estate transactions directly under the jurisdiction and review of the Committee on Foreign Investment in the United States...more

Akin Gump Strauss Hauer & Feld LLP

New CFIUS Law: Key Issues Affecting the Energy Sector

• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more

White and Williams LLP

New Law Significantly Expands CFIUS Jurisdiction and Mandates Declaration to CFIUS for Certain Transactions

On August 13, 2018, President Trump signed into law the National Defense Authorization Act for Fiscal Year 2019 that contains the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first significant reform...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

Fenwick & West LLP on

The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

Holland & Knight LLP

FIRRMA Expands CFIUS Jurisdiction in 2 Major Ways - New Law Shifts Emphasis from "Control" to "Influence" and Brings Real Estate...

Holland & Knight LLP on

• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more

Akin Gump Strauss Hauer & Feld LLP

The CFIUS Reform Legislation—FIRRMA—Will Become Law on August 13, 2018

CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more

Bass, Berry & Sims PLC

Proposed CFIUS Reform Moves Forward

Bass, Berry & Sims PLC on

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

Jones Day

Top Ten Practical Tips for CFIUS Practice

Jones Day on

The Situation: During the last few years, the CFIUS process has evolved and potential significant changes are on the horizon. The Result: CFIUS remains an important consideration for foreign parties looking to invest in...more

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