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DC Circuit Requires Committee on Foreign Investment in the United States to Provide Due Process Protections to Investors

On July 15, 2014, the US Court of Appeals for the District of Columbia (DC Circuit) ruled that if the President, pursuant to his powers under the Exon-Florio Amendment to the Defense Production Act of 1950 (DPA), deprives a...more

U.S. Appellate Court Raises Questions Regarding Transparency of CFIUS Process

The District of Columbia Court of Appeals, generally considered the most influential appellate court in the country on matters involving issues of governmental power, has resurrected a challenge by a Chinese-owned company to...more

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

Court Orders CFIUS to Increase Transparency but Rejects Review of Presidential Determination

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

CFIUS Process and Due Process: Presidential orders blocking transactions on national security grounds – the process, and the...

The President of the United States, acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”) has the power to block or unwind any transaction – i.e., merger, acquisition, takeover...more

"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

Due Process Requires US Committee on Foreign Investment to Let the Sunshine In

On July 15 the United States Court of Appeals for the District of Columbia Circuit told CFIUS (the Committee on Foreign Investment in the United States) that constitutional due process requires that parties subject to an...more

The Supreme Court Limits the President's Recess Appointment Power

In January 2012, President Obama made recess appointments of the first Director of the Consumer Financial Protection Bureau and two members of the National Labor Relations Board during a three day period when the Senate was...more

Public Trust Act Preserves Candidate Choices

Political communications are like trees in a forest. Blessed with monetary sunshine political communications reach toward the sky, dominate the horizon, and potentially drench competitors in shade. Legal limits on financial...more

A Guide to Political and Lobbying Activities

The U.S. Supreme Court on April 2 struck down an aggregate cap on individual contributions over a two-year election cycle to federal candidates, parties and political committees. (McCutcheon v. Fed. Election Comm’n, 572 U.S....more

The Next Domino – New York Finally Knocks Down Limits to SuperPACs

Last week, Judge Paul Crotty of the Southern District of New York ruled that New York Election Laws §§ 14-114(8) and 14-126, which impose limits on the amount of money that may be contributed to political candidates, are...more

"Recent Developments in Aggregate State Contribution Limits After Supreme Court’s Decision in McCutcheon v. FEC"

On April 2, 2014, the U.S. Supreme Court issued its decision in McCutcheon v. FEC, striking down the aggregate limits imposed on individual contributions under federal law. Although this decision cannot necessarily be read to...more

In wake of McCutcheon case, states abandon aggregate contribution limits

Early this month, the United States Supreme Court invalidated federal aggregate limits on individual political contributions in the case McCutcheon et al. v. Federal Election Commission.... ...In McCutcheon, the Court...more

Supreme Court’s Campaign Contribution Decision To Have Substantial Impact

Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few, however, have addressed the decision’s impact on...more

Supreme Court Rewrites the Rules for Individual Campaign Contributions: McCutcheon v. Federal Election Commission

On April 2, 2014, the Supreme Court of the United States rendered the McCutcheon decision, addressing the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002 (the “BCRA”). This case involved a...more

What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework...more

U.S. Supreme Court Finds Aggregate Limits on Federal Campaign Contribution are Unconstitutional

On April 2, 2014, the United States Supreme Court held in a 5-4 decision that aggregate contribution limits, those limits placed on an individual’s overall direct contributions during a two-year election cycle, were...more

Political Law Briefing - April 2014

In this issue: - Supreme Court Strikes Down Cap on Total Individual Contributions, Aftershocks Likely to Have Bigger Impact than Ruling Itself - Upcoming Event - Excerpt from Supreme Court Strikes Down...more

U.S. Supreme Court Strikes Down Aggregate Contribution Limits

On Tuesday morning, a divided United States Supreme Court issued its opinion in the case of McCutcheon v. Federal Election Commission (572 U.S. ____ (2014)), striking down a portion of federal campaign finance law that...more

McCutcheon Could Jeopardize NJ Pay-To-Play Restriction; Laurence Laufer and Rebecca Moll Freed Comment for Law 360

The U.S. Supreme Court’s decision in McCutcheon vs FEC striking down aggregate limits on donations to political parties and candidates casts doubt on the constitutionality of similar caps under local pay-to-play ordinances in...more

Supreme Court strikes down individual aggregate contribution limits

The United States Supreme Court has struck down a long-standing campaign finance provision that limited the total amount that individuals may contribute to federal political candidates and committees. The decision, in the...more

United States Supreme Court Invalidates Aggregate Contribution Limits In Federal Campaign Finance Law

Yesterday the United States Supreme Court issued its decision in McCutcheon v. Federal Election Commission, invalidating federal statutory aggregate limits on the amount of money that an individual may contribute to all...more

Supreme Court Campaign Finance Decision Invalidates Aggregate Limits

Yesterday, in a five-to-four decision written by Chief Justice Roberts, the U.S. Supreme Court invalidated the aggregate limits restricting the total contributions individual donors could make to candidates, political action...more

Supreme Court Invalidates Federal Aggregate Limit on Campaign Contributions

The U.S. Supreme Court struck down a key portion of federal campaign contribution laws yesterday morning in McCutcheon v. Fed. Election Commission (No. 12-536). The Court’s 5-4 decision held that federal aggregate limits on...more

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