On February 21, 2025, President Trump published a National Security Presidential Memorandum outlining his administration’s views on foreign investment and substantial changes to current regulatory regimes. The...more
2/26/2025
/ America First Trade Policy ,
Artificial Intelligence ,
CFIUS ,
China ,
Compliance ,
Economic Sanctions ,
Export Controls ,
Foreign Agents Registration Act (FARA) ,
Foreign Investment ,
Foreign Policy ,
National Security ,
Regulatory Requirements ,
Russia ,
Trump Administration
On January 13, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule (IFR) that expands controls on advanced computing integrated circuits (ICs or chips) and model weights...more
2/5/2025
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Data Centers ,
Data Security ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Interim Final Rules (IFR) ,
National Security ,
Popular ,
Regulatory Requirements ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Trump Administration
Following years of development, on October 28, 2024, the U.S. Department of the Treasury published a final rule establishing its outbound investment security program (Final Rule). The new regime prohibits certain outbound...more
10/31/2024
/ Artificial Intelligence ,
China ,
Executive Authority ,
Final Rules ,
Foreign Investment ,
Foreign Persons ,
Information Technology ,
Lawful Permanent Residents ,
National Security ,
Semiconductors ,
U.S. Treasury
The Department of Commerce, Bureau of Industry and Security (BIS) just announced two developments impacting the Artificial Intelligence (AI) and advanced technologies sectors. Specifically, BIS imposed the first export...more
On June 21, 2024, the Biden administration rolled out its outbound investment screening regulations. Last year, the Biden administration published an advanced notice of proposed rulemaking (ANPRM) that outlined the broad...more
7/11/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
CFIUS ,
China ,
Covered Transactions ,
Due Diligence ,
Equity Investors ,
Foreign Nationals ,
Information Technology ,
International Emergency Economic Powers Act (IEEPA) ,
Investment ,
Popular ,
Screening Procedures ,
U.S. Treasury
On January 29, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a proposed rule to prevent foreign actors from using U.S. cloud computing services for malicious cyber activities. The proposal...more
2/14/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cyber Crimes ,
Cybersecurity ,
Foreign Jurisdictions ,
Foreign Subsidiaries ,
IaaS ,
Know Your Customers ,
National Security ,
Popular ,
Proposed Rules ,
U.S. Commerce Department
M&A activity in 2023 was subdued, as dealmakers grappled with geopolitical tensions, inflation, rising interest rates, and increasing regulatory scrutiny, against a backdrop of general economic uncertainty. Challenges in the...more
1/4/2024
/ Antitrust Division ,
Artificial Intelligence ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Data Security ,
Economic Sanctions ,
EU ,
Export Controls ,
Foreign Investment ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
National Security ,
Popular ,
Shareholder Activism ,
State Administration for Market Regulation (SAMR) ,
UK ,
Vertical Mergers
As discussed in our September 2023 Lawfare article, the Biden administration’s first-of-its-kind outbound investment review program seeks to limit outbound investments by U.S. investors in Chinese developers of certain...more
12/15/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Due Diligence ,
Export Administration Regulations (EAR) ,
Foreign Investment ,
Foreign Nationals ,
Investment ,
Semiconductors ,
Technology ,
U.S. Treasury
The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
IaaS ,
National Security ,
NIST ,
Office of Science ,
OMB ,
Risk Management ,
Secretary of Commerce ,
Semiconductors ,
Technology ,
Technology Sector ,
Transparency
On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s...more
8/11/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Executive Orders ,
Foreign Investment ,
Intelligence Services ,
Joe Biden ,
Microchip Technology ,
National Security ,
PRC ,
Screening Procedures ,
Semiconductors ,
Technology Sector
As the UK’s investment screening regime starts to bed down following over a year of being in effect, we have been tracking the developments in the last quarter relevant to the operation of the regime. It has been a tumultuous...more
5/1/2023
/ Artificial Intelligence ,
BEIS ,
CFIUS ,
Collaboration ,
Cybersecurity ,
Foreign Investment ,
Investors ,
Minerals ,
National Security ,
Popular ,
Telecommunications ,
UK
2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more
1/21/2022
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
CFIUS ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Digital Services ,
EU ,
Excise Tax ,
Federal Trade Commission (FTC) ,
Global Market ,
Horizontal Mergers ,
Initial Public Offering (IPO) ,
Mergers ,
National Security ,
NYSE ,
PIPEs ,
Popular ,
Private Equity ,
REIT ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
UK ,
Universal Proxy Cards ,
Vertical Mergers
AI and machine learning technologies remain a focus of the U.S. government’s national security apparatus. AI is a key sector in the Unites States’ race against China to remain at the forefront in the development and...more
On January 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to place new restrictions on the export of...more