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SBA May Eliminate Self-Certification of SDVOSB Status for Federal Contracting

On June 6, 2024, the US Small Business Administration (SBA) published a direct final rule that would eliminate self-certification of service-disabled veteran-owned small businesses (SDVOSB) status for purposes of agency...more

Cooley’s 2023 Tech M&A Year in Review: An AI-Generated Glass Half Full

2023’s much-discussed downturn in mergers & acquisitions – with global M&A volume and value down 6% and 17%, respectively, from 2022 – was largely driven by the slowdown in the tech sector, with global tech M&A volumes down...more

Court of Justice Sets Lightning Rod for EU Foreign Direct Investment Screening

On 13 July 2023, the Court of Justice of the European Union (CJEU) handed down its first ruling on the European Union Foreign Direct Investment Screening Regulation, which entered into force in October 2020. In short, the...more

Alert: US Government Imposes Export Restrictions on SMIC, DJI and 75 Other Entities

The US Department of Commerce’s Bureau of Industry and Security has issued a Final Rule adding 77 companies to the Entity List, a restricted party list that identifies foreign persons that engage in activities contrary to US...more

Alert: DoD’s New Cybersecurity Rules Take Effect November 30

The Department of Defense’s interim rule implementing new cybersecurity requirements for government defense contractors is set to take effect on November 30, 2020. Published on September 29, 2020, the rule establishes a...more

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications...more

Alert: Impact of COVID-19 on Global Foreign Direct Investment Screening Mechanisms

Governments across the globe have been tightening up efforts to screen foreign investments by implementing legislation to protect their own national interests and economies. This has become ever more apparent during the...more

Alert: New PPP Loan FAQ: Safe Harbor Extended to May 14, 2020

A key aspect of the CARES Act relief package is the now-well-known Paycheck Protection Program (PPP) administered by the Small Business Administration (SBA). ...more

Alert: CFIUS Filing Fees Become Effective on May 1

When Congress passed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to strengthen and expand the jurisdictional reach of the Committee on Foreign Investment in the United States, (CFIUS) we knew that...more

Alert: SBA PPP Loans – Calculations and Considerations for Maximizing Forgiveness

Loan forgiveness is a key feature of the Paycheck Protection Program (PPP) administered by the Small Business Administration (SBA) pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). If PPP loan...more

Alert: Help for Government Contractors Dealing with COVID-19 – CARES Act Section 3610 Ensuring Ready State

While much of the focus of the recently enacted CARES Act has been on providing loans and grants to help small businesses meet payroll and avoid layoffs, Section 3610 of the CARES Act provides critical support specifically to...more

Alert: SBA Programs Under the CARES Act: ‘Affiliation’ Interim Final Rules and Guidance

A key feature of the CARES Act $2 trillion relief package is the creation of the Paycheck Protection Program (PPP), which authorizes $349 billion for businesses to obtain loans of up to $10 million per applicant to be used on...more

Alert: SBA Programs Under the CARES Act: Loan Application and Information Sheet Issued

A key feature of the CARES Act $2 trillion relief package is the creation of the Paycheck Protection Program (PPP), which authorizes $349 billion for businesses to obtain loans of up to $10 million per applicant to be used on...more

Alert: President Signs CARES Act

The President has signed a $2 trillion relief package, the "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act). The CARES Act is intended to provide "emergency assistance and health care response for individuals,...more

Alert: Trump Invokes Defense Production Act to Surge Industrial Capacity

On Wednesday, March 18, 2020, President Trump issued an executive order invoking Section 101 of the Defense Production Act of 1950 in an effort to "surge capacity and capability to respond to the spread of COVID-19."...more

Alert: CFIUS Introduces Filing Fees

In a sweeping change, the Committee on Foreign Investment in the United States will soon require parties to transactions to pay filing fees in connection with certain CFIUS filings. Under the proposed rule published in the...more

Alert: DoD to Require Contractors to be Cyber-Certified by Fall 2020

On January 31, 2020, the Department of Defense released Version 1.0 of its Cybersecurity Maturity Model Certification for defense contractors. The model is intended to incorporate and build upon existing cybersecurity...more

Alert: CFIUS Update: Final Regulations Implement FIRRMA

The US Department of the Treasury has issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). The final regulations broadly expand the jurisdiction of the Committee...more

Blog: Cooley’s 2019 Tech M&A Year in Review

In the wake of record-setting volume and value metrics in 2018, practitioners eyed the 2019 deal market with healthy skepticism. Despite a slight downward tick in momentum and overall deal statistics, 2019 remained a robust,...more

Blog: Cooley's 2019 Life Sciences M&A Year in Review

2019 was a banner year for billion-dollar life sciences M&A transactions. A wave of big-ticket transactions by global pharmaceutical companies drove life sciences M&A activity to its fourth-largest year on record in 2019,...more

Alert: Commerce Identifies Emerging Technologies for Potential New Export Control Restrictions and CFIUS Review

The Department of Commerce's Bureau of Industry and Security has published an advance notice of proposed rulemaking seeking public comments on a draft list of various emerging technologies that may soon be subject to...more

Alert: CFIUS Pilot Program to Require Mandatory Notification of Certain Transactions

On October 10, 2018, the US Department of the Treasury issued a set of interim regulations for a pilot program implementing certain provisions of the Foreign Investment Risk Review Modernization Act of 2018, which President...more

Alert: CFIUS Reform Puts Spotlight on Tech Companies, Foreign Government-Controlled Investors

On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for fiscal year 2019. The NDAA includes the Foreign Investment Risk Review Modernization Act, which expands the power of the...more

Alert: New Restrictions on Chinese Participation in US Technology Sector Anticipated This Week

The US government is poised to announce restrictions on Chinese participation in designated US technology sectors. The restrictions, which the Trump Administration is expected to release on June 29, 2018, are reported to...more

Alert: M&A Guide to CFIUS: Deciding Whether to Submit Voluntarily to CFIUS Review

As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the...more

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