News & Analysis as of

National Security Mergers Committee on Foreign Investment in the United States

Akin Gump Strauss Hauer & Feld LLP

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...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

Cooley LLP

As CFIUS Announces Significant Penalties, Companies and Investors Confront a Shift in CFIUS Filing Cost-Benefit Dynamics

Cooley LLP on

On the heels of releasing its 2023 Annual Report to Congress, the Committee on Foreign Investment in the United States (CFIUS) publicly announced six new penalties on parties that failed to comply with CFIUS requirements in...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 2 of 4): Understanding the CFIUS...

Foley & Lardner LLP on

CFIUS is an interagency committee that evaluates the national security implications of foreign investments on the U.S. economy and infrastructure. CFIUS possesses statutory authority to “make an investigation to determine the...more

Dechert LLP

Highlights from the CFIUS Annual Report

Dechert LLP on

The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Morgan Lewis

A Look at the M&A Trends Impacting the Technology Industry

Morgan Lewis on

M&A dealmakers have been on a wild ride: from the pandemic-fueled rout in 2020 to 2021’s record-breaking recovery to a steep decline in 2023, the global M&A market has offered a masterclass in volatility. While global M&A...more

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

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

FDI - A global perspective

Hogan Lovells on

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

American Conference Institute (ACI)

[Event] 4th European Forum on FDI Reviews and CFIUS - June 7th - 8th, London, United Kingdom

Hosted by C5, the 4th European Forum on FDI Reviews and CFIUS returns for another exciting year with curated programming that will help you navigate emerging complex National Security Reviews across the UK and EU....more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 2

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more

Morgan Lewis

Cross-Border Deal Due Diligence: Has the Risk Calculus Changed?

Morgan Lewis on

Investors and targets generally view cross-border transactions from a risk-based perspective. That calculus applies not only to the manner in which an investment is made, but also to the level of diligence conducted, the...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

White & Case LLP on

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

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

Morgan Lewis

Avoiding Past Mistakes in US Outbound Investment Regulation: Key Questions for Congress to Consider

Morgan Lewis on

This Insight outlines, at a high level, the prior US outbound investment regime, its structure, and some reasons for its ultimate demise. We discuss some useful lessons from the prior attempt and identify areas where...more

Cooley LLP

Cross-Border M&A: 10 Key Trends From Across the Pond

Cooley LLP on

It will come as no surprise that cross-border M&A is impacted by the world we live in, with geopolitical tensions, rising inflation and interest rates, currency fluctuations, and increased regulatory scrutiny all playing...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Nutter McClennen & Fish LLP

M&A in Brief: Q4 2022

Headlines - - Tax Issues for F Reorganizations in M&A Transactions - Presidential Executive Order Places Heightened Importance on National Security Risks and Committee on Foreign Investments in the United States...more

Morgan Lewis

What’s Driving the Future of Asia’s Tech Scene: Key Trends and Regulatory Updates

Morgan Lewis on

Heading into 2023, Asia’s tech scene is well-positioned for strong growth potential. As with any industry where advancement and innovation are outpacing regulation, the complex landscape can be difficult for businesses to...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

HaystackID on

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

Torres Trade Law, PLLC

Torres Talks Trade Podcast Episode 7 on the Committee on Foreign Investment in the United States (CFIUS)

Torres Trade Law, PLLC on

This week’s episode discusses the Committee on Foreign Investment in the United States "CFIUS," the U.S. interagency body that reviews foreign investment for national security purposes. Host Olga Torres is joined by Albert...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more

Houston Harbaugh, P.C.

What Corporations Need to Know: CFIUS Review is Needed Before Initiating Intellectual Property Transactions With Foreign Companies

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA), which expanded the Committee on Foreign Investment in the Unites States’ (CFIUS) oversight scope. 31 C.F.R. §...more

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