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Private Equity Foreign Investment

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - November 2024

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The Commerce Department issued new guidance for financial institutions on best practices for compliance with the Export Administration Regulations (EAR). Available here, the guidance emphasizes enhanced due diligence, ongoing...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Treasury Creates the ‘Reverse CFIUS’ Program, a (Limited) Great Wall on Outbound Investment

The Department of the Treasury (Treasury) has released a final rule imposing restrictions on U.S. outbound investment in Chinese companies active in developing certain national security technologies (Final Outbound Rule)....more

Foley & Lardner LLP

Why Korea Is Gaining Prominence for M&A Activity

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Korea, known for its rich culinary heritage, fascinating history, and renowned hospitality, has long rendered Seoul a favored travel destination. Today, it stands not only as a cultural and historical beacon but also as a...more

K2 Integrity

[Webinar] Family-Owned Businesses in Italy and Spain: Opportunities and Pitfalls for International Investors - October 29th, 1:00...

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Family-owned businesses continue to play a significant role in the Italian and Spanish economies, accounting for more than 80 percent of all enterprises and around 60 percent of GDP in both countries. In the aftermath of the...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

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

White & Case LLP

France sets its sights on becoming Europe’s PE leader

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Governmental pressure and an improving macroeconomic outlook could see French buyout activity gaining on the UK French private equity activity posted an impressive deal value in the first half of 2024 despite political and...more

Cooley LLP

Form SHL Due August 30: Foreign Investors’ Holdings of US Securities

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As part of a mandatory survey conducted by the Department of the Treasury, US-resident entities, including venture capital and private equity funds, may be required to report information regarding their non-US resident...more

StoneTurn

NCSC Warns U.S. Startups and Investors of Foreign Bad Actors with Money to Spend

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Last week, the National Counterintelligence and Security Center (“NCSC”), the Office of Economic Security and Emerging Technologies (“OESET”) and other coordinating government agencies issued a warning to U.S. venture...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Jones Day

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

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The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...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

Jones Day

Singapore Passes Significant Investments Review Bill in Relation to Transactions Involving National Security Assets

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In recent years, the world has witnessed heightened sensitivity surrounding foreign investments, leading to increased regulatory scrutiny of foreign direct investments ("FDI") on the basis of national security concerns. The...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

Husch Blackwell LLP

FERC Takes a New Step in Its Heightened Scrutiny Over What Constitutes Control of a Public Utility

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On Dec. 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on whether it should revise its policy on providing blanket authorizations under Section 203(a)(2) of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Strengthens Foreign Investment Controls, Expands Jurisdiction to ‘Commercial Establishments’ Registered in France |...

On 28 December 2023, the French government adopted decree number 2023-1293 (Decree), together with an administrative order of the same date (Order), that expanded the scope of covered investments and covered activities under...more

Hogan Lovells

Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

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The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain transactions and outright prohibits U.S....more

A&O Shearman

Trends in Dutch Public M&A 2023

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The outlook for public M&A remains challenging, even if we have now reached a plateau in interest rates. We see two primary areas for opportunity: (i) strategic buyers using the current conditions to accelerate...more

White & Case LLP

International bidders bolster German M&A

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Amid a challenging economic climate, international buyers prompted by the energy transition target mainstay sectors including industrials & chemicals and automotive - German M&A has been negatively impacted by an array of...more

White & Case LLP

Sector trends - September 2023: Brokers/Corporate Finance

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Pan-European banks, including Mediobanca and Deutsche Bank, seek senior dealmaker bench strength through high profile acquisitions....more

White & Case LLP

Sector trends - September 2023: Consumer Finance

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UK & European Financial Services M&A: Sector trends H2 2022 | H1 2023 — Consumer Finance - Europe's consumer finance decacorns stumble as their valuations crumble. ...more

Buchalter

U.S. Government Announces Ban on U.S. investments in China High Tech Sectors

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On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on...more

McDermott Will & Emery

Cross-Border M&A Comparison Table

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Cross-border deals are complex and require mastery of multiple disciplines with unique considerations in different regions. Review our table comparing cross-border deal considerations for various topics across the United...more

Pillsbury Winthrop Shaw Pittman LLP

Establishing and Managing a Business in the UK 2023

Establishing and Managing a Business in the UK”, authored by the attorneys of Pillsbury’s London office, is a concise and practical guide for foreign investors in the UK. The guide covers key concerns and topics such as...more

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