News & Analysis as of

Jurisdiction Technology Sector

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

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On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

Proskauer - Regulatory & Compliance

Treasury Department Moves to Expand CFIUS’s Real Estate Jurisdiction & Implement China-Bound Tech Investment Restrictions

The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more

BCLP

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

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Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

White & Case LLP

AI Watch: Global regulatory tracker

White & Case LLP on

The global dash to regulate AI - Artificial intelligence (AI) has made enormous strides in recent years and has increasingly moved into the public consciousness. Increases in computational power, coupled with advances in...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

McDermott Will & Emery on

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Harris Beach PLLC

New York Labor Law: Certain Employee Inventions Belong to Employees

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New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more

ArentFox Schiff

Government Regulation (or Lack Thereof) of AI in Pre-K Through 12th Grade Classrooms

ArentFox Schiff on

The use of artificial intelligence (AI) has already enhanced and has the potential to further expand and improve preK through 12th grade education. However, educators and school leaders are struggling to keep up with the many...more

Foley & Lardner LLP

Private Space Activity and the Advantages of U.S. Patents for Protecting Space Inventions

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In 2025, the National Aeronautics and Space Administration (NASA) is scheduled to once again bring man and machine to the lunar surface, this time under the name of the Greek goddess Artemis. However, the means to the ends...more

K2 Integrity

Why The Need for Human Investigators Will Always Exist

K2 Integrity on

The world of business intelligence and corporate investigations has not been left untouched by the unstoppable march of technological innovation. Today’s investigations benefit greatly from technology-driven solutions to the...more

King & Spalding

The EU General Court confirms the Commission's jurisdiction to review transactions that do not meet any national thresholds

King & Spalding on

In its judgment of 13 July 2022, the EU General Court confirmed that transactions that do not meet EU or Member State thresholds can be referred by national competition authorities to the European Commission (the...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

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Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

Latham & Watkins LLP

How Final CFIUS Regulations Will Impact Technology Companies and Investors

Latham & Watkins LLP on

The Final Rules clarify requirements for foreign investments, including those transactions subject to CFIUS review and filing. On February 13, 2020, two Final Rules published by the US Treasury Department implementing...more

Cooley LLP

Alert: CFIUS Update: Final Regulations Implement FIRRMA

Cooley LLP on

The US Department of the Treasury has issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). The final regulations broadly expand the jurisdiction of the Committee...more

Moore & Van Allen PLLC

New Treasury Department Regulations Expand CFIUS Authority

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The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more

Vinson & Elkins LLP

[Event] CFIUS Reform Regulations Go Into Effect on February 13: What You Need to Know About the New CFIUS - Feb. 11th, 12:00 pm CT...

Vinson & Elkins LLP on

On January 13, 2020, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released the final regulations to implement the 2018 CFIUS reform law, the Foreign...more

White & Case LLP

CFIUS Finalizes New FIRRMA Regulations

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Nearly a year and a half after the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was enacted, authorizing the most substantial overhaul of the Committee on Foreign Investment in the United States (CFIUS)...more

Goulston & Storrs PC

CFIUS Jurisdiction over Real Estate Transactions Expanded: Foreign Investors Should Take Notice

Goulston & Storrs PC on

The Trump administration continues to expand the powers of the US government to block foreign investment in the U.S. on national security grounds. In 1975, President Gerald Ford established the Committee on Foreign Investment...more

ArentFox Schiff

CFIUS 2.0: Emerging Tech Minority Investments – Expansion of Jurisdictional Scope Remains in Limbo

ArentFox Schiff on

In FIRRMA and ECRA, Congress essentially gave Commerce authority to decide how narrowly or widely to set the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) over non-passive minority...more

White & Case LLP

Department of Commerce Invites Comments on Proposed Rule Targeting Information and Communications Technology Transactions

White & Case LLP on

On November 27, 2019, the US Department of Commerce (Commerce) issued a notice of proposed rulemaking on the implementation of Executive Order 13873 (the EO), "Securing the Information and Communications Technology and...more

White & Case LLP

CFIUS: Proposed FIRRMA Regulations Define CFIUS's Expanded Jurisdiction and Mandatory Filing Requirements

White & Case LLP on

On September 17, the US Department of the Treasury issued comprehensive proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This alert describes key aspects of the proposed...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Proposed Regulations – Evolution Toward Broad Foreign Investment Screening Continues Apace

The Committee on Foreign Investment in the United States (CFIUS) has published proposed regulations that, when finalized, will...more

Wilson Sonsini Goodrich & Rosati

Key Takeaways from the New Proposed CFIUS Rules

On September 17, 2019, the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") published proposed rules (the "Proposals"). The Proposals would significantly expand CFIUS' jurisdiction but only...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Targets Huawei and Telecommunications Trade

On 15 May 2019, the U.S. government made two major announcements that are expected to disrupt the telecommunications equipment, technology, software and services sector....more

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