News & Analysis as of

Foreign Investment

Tracking Trends in CFIUS Review Process Based on Recently Released 2015 Annual Report

Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Looking Beyond the Recent CFIUS Annual Report

by Jones Day on

The Situation: CFIUS recently released its annual report to Congress regarding transactions reviewed by CFIUS during 2015, as well as limited information regarding transactions reviewed during 2016....more

Foreign investment review in Canada: “Net benefit” review threshold raised, update on national security reviews

by Dentons on

Foreign buyers of Canadian businesses are less likely to require approval from the Minister of Innovation, Science and Economic Development under the “net benefit to Canada” test as a result of increases in the review...more

“The cold never bothered me anyway!” SEC again uses its power to freeze an alleged EB-5 scam

Like Elsa, the Princess in Disney’s classic Frozen, once again the Securities and Exchange Commission (SEC) has utilized its power to freeze. In this case, the freezing of assets. In what has become an increasingly common...more

Foreign Investment in China: An Introduction

China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to...more

TechConnect - Your Law Firm Link to Industry News - September 2017

by Mintz Levin on

Letter from the Editors - Words are very powerful and the language we use often frames a discussion. For example, the term “shareholder activist” sounds like a consumer friendly person who has everyone’s best interests at...more

M&A Tax Aspects of Republican Tax Reform Framework

by McDermott Will & Emery on

The outline of pending tax reform provisions remain vague, but a significant impact on M&A activity is expected by way of corporate tax cuts, interest deductibility, changes to the expensing of capital investments, a...more

EB-5 Program Is Extended Without Changes Until December 8, 2017

by Cozen O'Connor on

On September 8, President Trump signed into law H.R. 601 which will keep the U.S. federal government open through December 8, 2017. As a result, the EB-5 Regional Center Program is now extended until such date without any...more

Alert: M&A Guide to CFIUS: How the Review Process Can Impact Your Transaction

by Cooley LLP on

The Committee on Foreign Investment in the United States ("CFIUS" or "the Committee") has received much attention over the past several months for its role in blocking two separate Chinese acquisitions of US semiconductor...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Economic Nationalism Set to Impact M&A Transaction Approvals Across Europe

by Latham & Watkins LLP on

Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies in the name of national security....more

A road map to life sciences M&A in the Netherlands

by Hogan Lovells on

U.S.-based life sciences companies considering transactions in Europe may easily become overwhelmed with the complexity of Europe’s various jurisdictions. In this series, members of our European Life Sciences Transactions...more

Trump Administration Signals Hard Stance on Chinese Investment in Technology

by Davis Wright Tremaine LLP on

Two recent CFIUS reviews show that the new administration is taking a hard stance on Chinese investment in technology. CFIUS, the Committee on Foreign Investment in the U.S., is an interagency committee that reviews the...more

Mexico's Energy Industry Round 2 Farmouts: PEMEX finds new partners

• Mexico’s second farmout bid round to find partners for PEMEX oil and gas development yielded mixed results, with 2 onshore licenses awarded and 1 shallow water PSC vacated with no bids • Egyptian company Cheiron...more

President Trump Issues Order Prohibiting Chinese Company Acquisition Of U.S. Semiconductor Business

by King & Spalding on

On September 13, 2017, President Trump issued an Executive Order prohibiting the acquisition of U.S. company Lattice Semiconductor Corporation (Lattice) by a group of companies, including Canyon Bridge Fund I, LP (CBFI);...more

Prime Opportunity to Redevelop Tacoma’s Old City Hall, Get Some Green Cards

Seattle is not the only Northwest city reaping the benefits of foreign investment. Tacoma, our neighbor to the south, is notably receiving foreign capital from Asia. Perhaps Tacoma’s Old City Hall is ripe for similar foreign...more

Perspectives from Chinese Law Firm Leaders

by LawVision Group LLC on

Part I: I. Chinese Law Firms – Still Eyeing the US! Last week, while in China on business, I had the opportunity to speak with two groups of leaders from some of China’s most prominent law firms. Having been an insider to...more

An Update on Foreign Investment Control in Germany

by McDermott Will & Emery on

The German government recently tightened regulations on foreign investments in Germany in order to restrict non-EU/foreign acquisitions of German companies in certain industries. On 18 July 2017 an amendment to the German...more

Extended Again: No Policy Changes for EB-5, Yet

by Goulston & Storrs PC on

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple...more

Latest CFIUS Annual Report Shows Start of Withdraw and Refile Trend

The Committee on Foreign Investment in the United States (CFIUS) recently released the unclassified version of its annual report to Congress for transactions notified to CFIUS during calendar year 2015. While the data...more

10 Takeaways From the CFIUS Annual Report to Congress

by Latham & Watkins LLP on

Calendar Year 2015 CFIUS Report reflects review of transactions for national security risks is generally taking longer, with Chinese investors leading all others. The Committee on Foreign Investment in the United States...more

Intra-EU Bilateral Investment Treaties: compatible with EU law after all?

by White & Case LLP on

In an advisory Opinion to the CJEU, Advocate General Wathelet has advised that an Investor-State Dispute Settlement mechanism between two Member States is not contrary to EU law. He also considers that, in disputes arising...more

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

Foreign investment control in Germany: Berlin Wall rebuilt or storm in a water glass? Germany’s new rules on foreign direct...

by Allen & Overy LLP on

Speed read - Just a few weeks after Germany amended its rules on foreign direct investment (FDI) control, European Commission President Juncker announced a legislative proposal for, and the European Commission published a...more

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