News & Analysis as of

National Security

UK national security and infrastructure – tougher merger control ahead?

by Dentons on

On 17 October, the UK Government published a Green Paper reviewing national security implications of foreign ownership or control, as indicated in this year's Queen's Speech....more

Trump’s Third Travel Ban Suspended In Part

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation....more

New UK Regime for National Security and Infrastructure Investments

• The Department for Business, Energy and Industrial Strategy published a Green Paper consulting on amendments to UK merger control and public interest intervention legislation to cover gaps in the current framework for...more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

by Bass, Berry & Sims PLC on

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more

CFIUS Annual Report Shows Increased Scrutiny, Risk for Foreign Investment

by Reed Smith on

The Committee on Foreign Investment in the United States (CFIUS) recently published a summary of its Annual Report to Congress for the fiscal year 2015 (the 2015 CFIUS Annual Report) reflecting a trend that has become evident...more

Chinese Acquisitions in the EU: The Climate Is Getting Rougher

by Shearman & Sterling LLP on

In response to a significant increase in acquisitions of companies in the EU by Chinese buyers in recent years, the foreign (i.e., non-EU) investment review legal framework in the EU is currently undergoing a change towards...more

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

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

White House Releases Trump Administration Immigration Policy Priorities

by Littler on

On October 8, 2017, the White House released a list of immigration priorities addressing border security, interior enforcement, and a merit-based immigration system. The priority list calls for the hiring of 10,000 ICE...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...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

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

Currents - Energy Industry Insights - October 2017

An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more

With Tensions Rising, the United States Imposes Additional Sanctions on North Korea

by Jones Day on

In Short - The Situation: Over the past several months, North Korea has engaged in several activities, particularly relating to missile and nuclear testing, that violate several United Nations resolutions and that...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

President Trump Issues Proclamation that Restricts Travel to the US by Certain Nationals from Eight Countries

by Hogan Lovells on

On Sunday, Sept. 24, 2017, President Trump signed a presidential proclamation (the Proclamation) laying out restrictions on the entry of nationals from eight countries into the United States using certain types of immigrant...more

Presidential Proclamation Alters Travel Ban

by FordHarrison on

The White House issued a Presidential Proclamation on September 24, 2017, that imposes new travel restrictions on Iran, Libya, Yemen, Somalia, and Syria, as well as newly added countries North Korea, Chad, and Venezuela. The...more

NEWS UPDATE: President Trump Reduces Refugee Resettlement in the United States to Its Lowest Level in History

The White House plans to formally announce that it will cap the number of refugees who will be able to resettle in the United States to 45,000, according to numerous news outlets. This is the lowest annual level set since the...more

Your Voice Is Heard – Controversial Clause Deleted From China’s New Domain Name Rules

by Hogan Lovells on

On 24 August 2017, the Chinese Ministry of Industry and Information Technology (“MIIT“) issued the final version of the Rules on the Administration of Internet Domain Names (“New Domain Name Rules“). These new Rules will come...more

UK Foreign Investment Review of Mergers

by White & Case LLP on

Traditionally, the UK has been open to foreign investment and the UK Government has had no general power to review foreign investments or take into account industrial policy in merger reviews. However, in the recently...more

Legal Considerations for Establishing Operations in the United States (Pennsylvania)

by Pepper Hamilton LLP on

I. Introduction – Business and Legal Climate in the United States. The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more

Germany: New Notification Obligation Regarding Certain Foreign Investment Transactions in Germany

by Dechert LLP on

Highlights: - Acquisitions of 25% or more of a Germany company by a non-EU/EFTA investor are subject to the German foreign trade law. - Certain industry sectors of the German economy have been identified to be of...more

President Trump Issues New Travel Ban Expanding Countries Affected By Travel Restrictions

by Cozen O'Connor on

On September 24, 2017, President Trump issued a Proclamation enhancing the vetting capabilities and processes for detecting attempted entry into the United States by terrorists or other public safety threats....more

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Cybersecurity

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