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American Conference Institute (ACI)

Industry Responses to the U.S. Outbound Investment Regulatory Regime

The only thing truly certain about the proposed U.S. outbound investment regulatory regime is that a lot of uncertainty remains. But industry responses garnered during the comment period may, at least partly, foretell the...more

Hogan Lovells

From predictable paths to uncharted waters: Navigating modern merger rules

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From a regulatory perspective, mergers and acquisitions is undergoing a significant transformation, marked by an increased intricacy and unpredictability. Companies engaged in transactions are confronted by a growing number...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

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EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Hogan Lovells

Foreign Direct Investment (FDI) – Global Legal Guide

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The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

Bennett Jones LLP

Reflections on Canada's M&A Landscape in 2022 and a Look Ahead to 2023

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The Canadian M&A landscape is one of reserved optimism as 2022 comes to a close and we look ahead to a new year. Despite the uncertainty in the marketplace, Canada remains home to attractive assets and dynamic dealmakers. We...more

Holland & Knight LLP

New Executive Order Creates Roadmap of Heightened CFIUS Scrutiny for Cross-Border M&A

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President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

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Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

Bradley Arant Boult Cummings LLP

How Not to Make a Deal: 5 Key Cybersecurity Concerns in M&A

Cyber risks are increasing, and as a result, due diligence inquiries and valuations are increasingly focusing on the cybersecurity and privacy risks inherent in a business’s collection, use, retention and disposal of data. ...more

Morgan Lewis

UK Government Publishes Its First Report on the UK’s Foreign Direct Investments Regime

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The UK’s national security and investment regime came into effect on 4 January 2022. On 16 June, the UK government published its first report on the operation of the regime for the period between 4 January and 31 March...more

Morgan Lewis

FDI Screening Alert: Challenges for Sensitive Technology Deals in Germany and United Kingdom

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Two major transactions have recently faced headwinds in Germany and the United Kingdom, jurisdictions traditionally perceived as investor friendly. Specifically, Taiwanese-based investor GlobalWafers Co. Ltd. failed to obtain...more

Wilson Sonsini Goodrich & Rosati

The UK's National Security and Investment Act Now Fully in Force

The United Kingdom's National Security and Investment Act (the NSI Act) is now fully in force. First proposed in 2016, the NSI Act creates a stand-alone regime that authorizes the UK government to consider and address the...more

White & Case LLP

CFIUS set to continue careful scrutiny under Biden Administration

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President Joe Biden's approach to the national security risks posed by foreign-backed M&A may differ in style from his predecessor, but not in substance - Under the Biden administration, the Committee on Foreign Investment...more

White & Case LLP

French M&A displays optimism

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A number of big-ticket deals in high-growth sectors such as telecommunications and renewables signal a bright future for French dealmaking - French dealmaking witnessed an impressive recovery throughout 2020—finishing the...more

White & Case LLP

Pandemic powers European infrastructure M&A

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Soaring demand for digital infrastructure, transportation and social assets has generated landmark deals so far this year - While increasing digitization has been gathering pace over the past decade, the COVID-19 pandemic...more

Dorsey & Whitney LLP

UK To Adopt New Powers Over M&A Activity To Protect National Security

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Draft legislation, which is currently being debated in the UK Parliament, will introduce a new regime granting the UK Secretary of State robust powers to review, vary or block acquisitions which may pose a risk to the...more

Katten Muchin Rosenman LLP

New UK Rules for Reviewing Foreign Direct Investment

In November 2020, the UK Government introduced the National Security and Investment Bill (the "Bill"). Subject to the passing through UK Parliament, the Bill is expected to become law in early 2021, ushering in a Committee on...more

BCLP

Highly impactful - UK National Security & Investment Bill introduces mandatory Government review of a wide range of transactions

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On 11 November, the UK Government introduced to Parliament the long-awaited National Security and Investment Bill. The Bill, which is expected to be enacted in Spring 2021, is a transformative event for investors in UK...more

Akin Gump Strauss Hauer & Feld LLP

Protecting the Crown Jewels: U.K. Introduces Expansive National Security & Investment Bill

1. Summary The United Kingdom (U.K.) government published the National Security and Investment Bill (“NSI Bill” or “Bill”) on November 11, 2020, the aim of which is to strengthen the government’s powers to scrutinize and...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - European Union

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In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Finland

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Deals are generally not blocked in Finland, and are reviewed mostly when in the defense and dual-use sectors - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

BCLP

French M&A Transactions in Sensitive Sectors

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A takeover of a French company carrying on so-called ‘sensitive’ activity in France by a company ultimately controlled by foreigners - European Union and non-EU - is subject to the prior authorization of the Ministry of the...more

Dechert LLP

Increased regulatory scrutiny of foreign direct investments in the healthcare sector

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Key Takeaways - - Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.  - Several countries have adapted their existing FDI rules, or...more

White & Case LLP

COVID-19 Foreign Direct Investment (FDI) – An Overview of Restrictions in Western Europe and the CEE

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Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more

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