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Department of Treasury Issues Proposed Rule Expanding CFIUS Real Estate Jurisdiction

The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations. On July 8, 2024, the U.S. Department of the Treasury...more

Department of Treasury Issues Proposed Rule Covering Outbound Investments

Regulations ultimately will implement a new program restricting certain investments related to China- On June 21, 2024, the U.S. Department of the Treasury (“Treasury”) issued a Notice of Proposed Rulemaking (the “Rule”)...more

Executive Order Establishes New Outbound Investment Screening Program

Prohibitions targeted to prevent China’s exploitation of dual-use technology - On August 9, 2023, President Biden signed a historic Executive Order on Addressing United States Investments in Certain National Security...more

Bank Failures May Raise CFIUS Issues

Companies need to be aware of filing requirements before taking foreign money - On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more

U.S. Commerce Department Launches First CHIPS for America Funding Opportunity

Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively - On August 9, 2022, President Joseph R. Biden signed...more

Treasury Publishes First-Ever CFIUS Enforcement and Penalty Guidance

Publication indicates a more robust enforcement posture - On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more

Executive Order Directs CFIUS to Consider National Security Factors

Ensuring a responsive CFIUS in an evolving national security landscape - On September 15, 2022, President Biden signed an Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the...more

The CHIPS Plus Act Promises Support and Incentives for Semiconductor Manufacturing in the United States

On August 9, 2022, President Joseph R. Biden signed the CHIPS and Science Act of 2022 (the “CHIPS Plus Act”). As enacted, the CHIPS Plus Act amends legislation and appropriates funding for semiconductor incentives originally...more

Energy Newsletter - September 2020

Climate Change Litigation on the Horizon with Trump Environmental Overhaul - On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more

CFIUS, Bankruptcy, Foreclosures, and Debt Restructuring

Foreign Investment Reviews of Distressed Assets - As discussed in detail in our previous Client Alert, on February 13, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) issued two Final Rules...more

CFIUS Finalizes Rules Reforming Foreign Investment Reviews

On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became...more

Energy Newsletter - October 2019

Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM - We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more

CFIUS Proposes New Rules Scrutinizing Foreign Investment

On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more

President Trump Blocks Acquisition of US Chipmaker by Chinese- Backed Private Equity Fund Amid CFIUS Concerns

Order sends strong signal that Washington will continue to oppose deals with Chinese acquirers involving technologies with potential military applications. On September 13, 2017, President Trump issued an Executive Order...more

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