News & Analysis as of

Divestiture National Security

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Robinson+Cole Data Privacy + Security Insider

Aid Package Signed by President Biden Includes Divestiture of TikTok Requirement

President Biden signed a historical aid package into law on Tuesday that includes aid for Ukraine, Israel, and the Indo-Pacific region. The package also includes a bill increasing sanctions on Russian assets and requiring...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

White & Case LLP on

The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Australia

White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of...more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

Hogan Lovells on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

Dechert LLP

CFIUS Releases Annual Report to Congress

Dechert LLP on

The Committee on Foreign Investment in the United States (CFIUS) was established decades ago to identify and recommend responses to threats to US national security posed by acquisitions by non-US entities of controlling...more

Akin Gump Strauss Hauer & Feld LLP

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

Eversheds Sutherland (US) LLP

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

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