News & Analysis as of

National Security Personal Data Committee on Foreign Investment in the United States

Morgan Lewis

Another Brick in the Wall: Regulatory Regime Established to Protect US Sensitive Personal Data From ‘Countries of Concern’

Morgan Lewis on

In a significant move to safeguard sensitive personal data of US persons, President Joseph Biden issued an executive order (EO) titled Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

Latham & Watkins LLP on

President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

Morgan Lewis on

Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

StoneTurn

CFIUS: Three Trends to Know

StoneTurn on

Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

American Conference Institute (ACI)

[Event] 2nd National Forum on Team Telecom - April 25th, Washington, DC

Gain critical strategies for managing reviews in the new Team Telecom environment. The American Conference Institute’s 2nd National Team Telecom Conference will take place in Washington D.C. on April 25, 2022, one day...more

K2 Integrity

CFIUS Publishes its 2020 Annual Report

K2 Integrity on

The 2020 unclassified report published by the Committee on Foreign Investment in the United States (“CFIUS”) provides investors with information regarding the approval rate for the streamlined declarations review process and...more

Holland & Knight LLP

Biden Signs Executive Order to Protect Personal Data from Foreign Adversaries

Holland & Knight LLP on

The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more

Womble Bond Dickinson

Schrems II, Reverse Schrems, and Schrems with a Half-Twist from the Pike Position

Womble Bond Dickinson on

Just when you thought it was safe to send your data across the water, the distinctive dorsal fin of Schrems II breaks the surface. The EU, who can barely be convinced that the UK’s data privacy law is “adequate” despite...more

K2 Integrity

CFIUS: Questions for the Biden Administration

K2 Integrity on

The Committee on Foreign Investment in the United States (CFIUS) can be expected to maintain America’s traditional open investment posture consistent with the robust protection of U.S. national security interests....more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

Baker Donelson

CFIUS Update: Expanded Emphasis on U.S. Export Control Regulations

Baker Donelson on

The Committee on Foreign Investment in the United States (CFIUS or the Committee), an inter-agency government body tasked with reviewing certain types of foreign direct investment in the United States for national security...more

Sheppard Mullin Richter & Hampton LLP

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: National Security Meets Teenage Dance Battles: U.S. Increases Pressure on ByteDance Sale of TikTok

The Takeaway: Severe restrictions on ByteDance’s Sale of TikTok should be a warning to media and tech companies with foreign ownership, particularly Chinese investment, to know your risks and mitigate them before the...more

McDermott Will & Emery

Spotlight on Sensitive Personal Data as Foreign Investment Rules Take Force

McDermott Will & Emery on

New CFIUS rules—which took effect February 13, 2020—underscore the need for privacy diligence in deals involving foreign investments and signal a larger trend toward heightened regulatory scrutiny of foreign access to...more

Moore & Van Allen PLLC

New Treasury Department Regulations Expand CFIUS Authority

Moore & Van Allen PLLC on

The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more

Bennett Jones LLP

CFIUS' Jurisdiction to Review Foreign Investments Expands Effective February 13, 2020

Bennett Jones LLP on

The U.S. Treasury Department, on behalf of the Committee on Foreign Investment in the United States (CFIUS) issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA),...more

Jones Day

Facing FIRRMA: Treasury Releases Final CFIUS Regulations

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") released final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which, among other things, effectuate...more

Proskauer - New Media & Technology

Final CFIUS Regulations Impact Foreign Non-Control Investment Transactions Involving Critical Technologies/Infrastructure or...

In 2018, Congress passed the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the Committee on Foreign Investment in the United States (CFIUS). CFIUS is chaired by the Secretary of the Treasury and is...more

McDermott Will & Emery

Final Rules Issued on Reviews of Foreign Investments in the United States – CFIUS

McDermott Will & Emery on

The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...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

ArentFox Schiff

CFIUS 2.0: Treasury Unveils Final Regulations to Govern Expanded Foreign Investment Screening

ArentFox Schiff on

On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ Final Rules: Broader Reach, Narrow Exceptions and Foretelling Future Change

On January 13, 2020, the U.S. Department of the Treasury (Treasury), on behalf of the Committee on Foreign Investment in the United States (CFIUS or the Committee), issued two sets of final regulations implementing the...more

Akin Gump Strauss Hauer & Feld LLP

Treasury Releases Final Regulations Implementing CFIUS Reform

Key Points - On January 13, 2020, the U.S. Department of Treasury released final rules implementing FIRRMA, which reforms the CFIUS framework. These rules will take effect on February 13, 2020. - The final rules...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

Sheppard Mullin Richter & Hampton LLP

Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical...more

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