News & Analysis as of

Foreign Investment United Kingdom

Hogan Lovells

HMG uses national security powers to order the disposal of a UK company acquired by Chinese investor

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The U.K. government has used its powers under the National Security and Investment Act 2021 (the UK’s version of CFIUS) to order a Chinese-registered firm to sell its stake in a British semiconductor company....more

Skadden, Arps, Slate, Meagher & Flom LLP

The India-UAE Bilateral Investment Treaty: A Step in the Right Direction?

I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 15

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Katten Muchin Rosenman LLP

The New UK Government, Industrial Strategy and the National Security and Investment Act

At a meeting of business leaders and global investors in London in mid-October, Prime Minister Sir Keir Starmer told the audience that his government would "rip up" Britain's bureaucracy in a bid to unlock the "shock and awe...more

Latham & Watkins LLP

UK NSIA - Key Takeaways From the Annual Report

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The report provides insights into the performance of the National Security and Investment Act. The UK’s Cabinet Office has published its third annual report on the functioning of the National Security and Investment Act...more

Katten Muchin Rosenman LLP

Foreign Investment and National Security: Navigating Heightened Scrutiny of US, EU and UK Cross-Border Deals

As geopolitical tensions ratchet higher across the globe – fueled by the ongoing conflict in Ukraine, turbulent relations between China, the United States (US), and Europe, escalating conflict in the Middle East, and...more

Jones Day

UK Government Taking Longer With FDI Reviews, but Clearance Rates Higher

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The Situation: On September 10, 2024, the UK government published the third National Security and Investment Act 2021 Annual Report ("2023/2024 Annual Report"), revealing longer processing times for foreign direct investment...more

Wilson Sonsini Goodrich & Rosati

“You Promised What?!” Warranties and Disclosure in the UK and the U.S.

Determining “certainty of asset” is a key element of any investment. When an investor takes a minority position as it does in a typical venture or growth capital investment, the approach to ascertaining certainty differs...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - September 19, 2024

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The Department of Commerce’s Bureau of Industry and Security (BIS) recently issued an interim final rule implementing licensing requirements for these emerging technology products for export to all foreign countries. See the...more

White & Case LLP

High anxiety or real opportunity? Distressed M&A in Europe

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The number of distressed deals reaches record highs as challenging market conditions take their toll - European M&A saw a solid uplift in value in the first half of 2024. Western Europe saw US$390 billion of deals—a rise...more

Mayer Brown

The Year in Review: UK Foreign Direct Investments Regime in the Spotlight

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On 10 September 2024, the UK Government published its third Annual Report on the operation of the National Security and Investment Act 2021 (NSIA). Covering the period from 1 April 2023 to 31 March 2024, the report gives a...more

Goodwin

UK National Security and Investment Regime: Government Publishes Latest Annual Report

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The UK government has released its latest annual report on the National Security and Investment (NSI) Act, covering the period from 1 April 2023 to 31 March 2024. The report outlines key trends, statistics, and developments...more

Fenwick & West LLP

U.S. Foreign Investment Review - Continued Focus on Emerging Technologies, China Risk, and Enforcement

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The U.S. Department of the Treasury recently released its Committee on Foreign Investment in the United States (CFIUS) 2023 Annual Report to Congress....more

Alston & Bird

Structured Finance Spectrum - Summer 2024

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures....more

Latham & Watkins LLP

5 Key Takeaways From the CFIUS 2023 Annual Report

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The report shows a decline in filings, new mitigation measures and conditions, and continued emphasis on monitoring and enforcement. On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS)...more

A&O Shearman

On the existence of a pan-European reverse solicitation regime under MIFID II, and importance on a 'Hard' BREXIT

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This client memorandum concerns a highly technical point of considerable practical importance. It challenges aspects of the received wisdom that, for post-Brexit cross-border investment business conducted from the U.K....more

Braumiller Law Group, PLLC

Braumiller-Law-Group - June 2024 Newletter

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

Walkers

New trends in use of Jersey and Guernsey structures by US fund managers targeting European assets or capital

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Over the last few months, we have started to see new trends in inquiries and instructions regarding the use of Jersey and Guernsey structures by US managers targeting either European assets, or European capital....more

Akin Gump Strauss Hauer & Feld LLP

Updates to the UK National Security and Investment Act

Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more

Jenner & Block

What Is the Future of Energy Charter Treaty (ECT)?

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The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more

Cooley LLP

UK Government Publishes Response to Call for Evidence on National Security and Investment Regime

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On 18 April 2024, the UK government published the response to its call for evidence consultation on the functioning, scope and performance of the UK National Security and Investment (NSI) Act. Please refer to our November...more

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

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Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

White & Case LLP

UK FDI: Strategic streamlining but sectoral spread - the UK Government confirms its plans for NSIA reform

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In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more

Skadden, Arps, Slate, Meagher & Flom LLP

BIS Reduces Licensing Requirements on Exports to Australia and the UK

In an interim final rule published on April 19, 2024 (New Rule), the Department of Commerce, Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reduce licensing requirements on...more

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