Foreign Investment

News & Analysis as of

CFIUS: The Past, Present and Tomorrow

Congress crafted the Exon-Florio Amendment in 1988 to fill gaps that it perceived in federal antitrust, environmental and securities laws, as well as in the general power of the president to declare a national emergency, and...more

West Coast Real Estate Update: February 2017 #2

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Insider Trading Around Private Placements: Was Tom Price’s Investment Down Under Above Board?

On February 10, the Senate confirmed Representative Tom Price (R-GA) as Secretary of Health and Human Services, where he will oversee the U.S. Food and Drug Administration (FDA). His nomination has not been without...more

Newsletter Corporate - February 2017

M&A - Balance Sheet Guarantees: German case law has recently developed new requirements for drafting Balance Sheet Guarantees in Share Purchase Agreements. If not properly drafted, such Balance Sheet Guarantees may be...more

Foreign Investment in Australia

Foreign investment is key to Australia’s economic development, and Australia welcomes it. As the fourth largest economy in the dynamic Asia Pacific region, Australia's competitive economy is set for continued expansion...more

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns...

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until...more

Blog: 2017 M&A Trends Series: The Trump Effect

So far this year, deal parties are approaching M&A with cautious optimism. This series of Cooley M&A blog posts include some brief observations that offer some M&A highlights over the past year and our thoughts for the year...more

Investment Promotional Agencies in South Africa

Since 1994 there has been a focus on economic growth and transformation in South Africa. In terms of the Constitution of the Republic of South Africa, 1996, the South African government is required to promote social and...more

Bermuda – Proactively Seeking to Grow its Influence as an Off-Shore Investment Jurisdiction

Bermuda has long been a favorite jurisdiction of captive insurance companies and insurance-linked investment funds. More than 70% of the $25 billion in global insurance-linked securities (ILS) volume is listed on the Bermuda...more

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns...

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until...more

Key Takeaways: Inside the White House and Capitol Hill — The Impact of a New Administration on Global Markets

On January 25, 2017, Skadden hosted a panel discussion at the London Stock Exchange on the potential policy direction of the Trump administration. The panel touched on tax reform, trade agreements, inbound and outbound U.S....more

Africa Stand Up: Navigating the new world order

Following a year of landmark political changes, could it be that the time has never been more opportune for Africa to seize control of its place in the global market? Whilst it is still too early to predict the long-term...more

Part 2 - ASEAN Capital Markets: A Round-Up of Developments in 2016

2016 was a somewhat muted year for the world’s capital markets and this story was mirrored across ASEAN. Spread across two client alerts we take a brief look at the capital markets of each of the ASEAN members, how they fared...more

Reporting by private funds on Treasury Form SHC

Every five years, the Department of the Treasury conducts a benchmark survey on the ownership of foreign securities by US residents. This data is collected on Form SHC and is next due on March 3, 2017, covering relevant...more

CFIUS: Recent Developments and Trends

The past year has ushered in significant transformations in the cross-border M&A and US political landscapes, including a number of emerging developments and trends that have affected the review process of the Committee on...more

Dentons' pick of global regulatory trends to watch in 2017 - National security and foreign investment review

Focus on the US - Defense and national security - The 115th Congress will mark the first opportunity in a decade for a Republican-controlled House and Senate to work with a Republican president. In 2017, leading...more

Foreign Security Ownership Reporting on Form SHC and Changes to BEA Reporting

TIC Form SHC - The Department of the Treasury is conducting its mandatory (every five years) survey of foreign securities ownership by U.S. residents as of December 31, 2016, on its Treasury International Capital System...more

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the...more

"Navigating the Challenges of Chinese Acquisitions of US Insurers"

Chinese investment in the U.S. insurance industry continued steadily in 2016, notwithstanding efforts by the Chinese government to impose new restrictions on outbound M&A. (See "Regional Focus: Asia.") Examples of such...more

Part 1 - ASEAN Capital Markets: A Round-Up of Developments in 2016

2016 was a somewhat muted year for the world’s capital markets and this story was mirrored across ASEAN. Spread across two client alerts we take a brief look at the capital markets of each of the ASEAN members, how they fared...more

Cameras Roll on Spicer and Miller Discussing 2016 Entertainment Trends and Looking Forward to 2017 [Video]

Chris Spicer and Alissa Miller, lawyers in Akin Gump’s entertainment practice, discuss on-camera some of the trending topics in the entertainment world in 2016 and make predictions on what to expect in 2017. ...more

"Mexican Energy Sector Restructuring: New Opportunities for Renewables"

The ongoing effort to restructure the power sector in Mexico, together with Mexico’s strong policy on combating climate change, have created compelling opportunities for investors in renewable energy projects that likely will...more

"Regional Focus: Asia"

A number of economic and political factors, both domestic and international, influenced M&A and capital markets activity worldwide in 2016. Skadden attorneys Christopher W. Betts, Will H. Cai, Z. Julie Gao, Bradley A. Klein,...more

"CFIUS and Foreign Investment Reviews in 2017 and Beyond"

President Donald Trump has made foreign trade and foreign competition main areas of focus early in his presidency. The new administration’s appointments reinforce expectations of a multipronged approach to foreign investment...more

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