Malcolm Tuesley

Malcolm Tuesley

Skadden, Arps, Slate, Meagher & Flom LLP

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"What Every General Counsel Needs to Know to Comply With New Bureau of Economic Analysis Reporting Requirements"

In 1976, Congress passed legislation requiring the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to collect information on investment flows between the United States and foreign countries. Subsequently...more

4/14/2015 - Airlines BEA Credit Cards Financial Services Industry Foreign Investment General Counsel International Finance Investment Funds Penalties Reporting Requirements Surveys

"President Obama Announces New Cybersecurity Sanctions Regime"

On April 1, 2015, President Barack Obama issued an executive order (the Order) authorizing sanctions against foreign individuals or entities found to be responsible for certain malicious cyberattacks. Under the Order, the...more

4/9/2015 - Barack Obama Blocked Person CFIUS Cyber Attacks Cybersecurity Executive Orders OFAC Sanctions SDN List

"CFIUS’s Annual Report to Congress Details Longer Process, More Aggressive Risk Mitigation"

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency, Executive Branch organization charged with identifying potential national security risks posed by foreign...more

3/4/2015 - Annual Reports CFIUS Cross-Border Transactions Risk Assessment Risk Mitigation

"New Reporting Requirements on the Horizon for US Financial Services Providers Doing Business With Non-US Persons"

Following closely on the heels of the reinstated reporting requirements for inbound and outbound direct investment involving U.S. entities, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has announced...more

3/3/2015 - Banking Sector Bureau of Economic Analysis Financial Institutions Foreign Direct Investment Foreign Nationals Reporting Requirements U.S. Commerce Department

"Implications of National Security Reviews on Foreign Acquisitions of US Businesses"

The Committee on Foreign Investment in the United States (CFIUS) can have a significant impact on transactions involving foreign acquirers. Parties considering cross-border merger and acquisition transactions should be aware...more

2/11/2015 - Administrative Review Board CFIUS China Corporate Counsel Cross-Border Transactions OFAC Ralls Corporation

"Important but Frequently Overlooked Reporting Requirements for Inbound and Outbound Direct Investment Involving US Entities"

Pursuant to the requirements of the International Investment and Trade and Services Survey Act and related statutes, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) collects information on international...more

1/18/2015 - BEA Compliance Corporate Governance Foreign Investment Form BE-10 Form BE-13 Hedge Funds International Trade Agreements Outbound Acquisitions Reporting Requirements

"Court Finds CFIUS Violated Ralls Corporation’s Due Process Rights"

On July 15, 2014, the United States Court of Appeals for the District of Columbia remanded Ralls Corporation’s (Ralls) precedent-setting case against the Committee on Foreign Investment in the United States (CFIUS or the...more

7/18/2014 - Appeals Barack Obama CFIUS Defense Production Act Due Process Enforcement Enforcement Actions National Security Ralls Corporation U.S. Navy Wind Farm

"National Security Reviews of Foreign Investments in US Businesses Show No Signs of Slowdown in 2014"

Over the past two years, the Committee on Foreign Investment in the United States (CFIUS) has applied increased scrutiny to foreign investments in U.S. businesses. CFIUS reviews the national security implications of such...more

1/24/2014 - CFIUS Foreign Investment National Security

"Effect of US Government Shutdown on CFIUS and DSS"

As of October 1, nonessential federal government activities have been suspended due to the failure of Congress to pass appropriations to fund the federal government for fiscal year 2014, or a continuing resolution to...more

10/2/2013 - CFIUS DSS Government Shutdown

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