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National Security Covered Transactions Acquisitions

Dechert LLP

Finally, An Update on Outbound Investment

Dechert LLP on

Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

HaystackID on

Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

WilmerHale on

Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more

Holland & Knight LLP

CFIUS Says Chinese Investment in North Dakota Agricultural Land Is Outside Its Jurisdiction

Holland & Knight LLP on

Fufeng USA Inc. (Fufeng USA), a subsidiary of Chinese food manufacturer Fufeng Group Ltd. (Fufeng Group), announced on Dec. 13, 2022, that after an "extensive two-phase review," the Committee on Foreign Investment in the...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Bass, Berry & Sims PLC

CFIUS Pilot Program Creates New Obligations and Challenges

Bass, Berry & Sims PLC on

• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

Hogan Lovells

Private equity funds, venture capital funds, hedge funds, and other investment funds receive carve-outs from expanded CFIUS...

Hogan Lovells on

The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: Inadvertent “Foreign Person” Status

Hundreds of American companies may have inadvertently become “foreign persons” for CFIUS purposes, at risk of being caught up in the Trump Administration’s restrictions on foreign investment. Many people know that the...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS’s 2015 Annual Report and Published 2016 Data Demonstrate Uptick in Review Activity and Scrutiny

On September 19, 2017, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its annual report (“Report”) to Congress. One day later, CFIUS also released more limited data on foreign...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

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