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CFIUS Non-Notified Transaction Enforcement: Cooley’s Five-Year Lookback

March 2025 marked the fifth anniversary of the Committee on Foreign Investment in the United States (CFIUS) initiative to “formalize and centralize” within the Department of the Treasury an enforcement function to identify...more

US Outbound Investment Enforcement Is Now Live

Despite uncertainty amid talks of reforming the Outbound Investment Security Program (OISP), the US Department of the Treasury is already actively pursuing enforcement actions against transaction parties that may have...more

The America First Investment Policy

On February 21, 2025, the White House issued a memorandum announcing the America First Investment Policy (AFIP) and directing executive branch departments and agencies to promulgate rules and regulations to promote America’s...more

Assessing the Impact of the Outbound Investment Security Program on Debt Transactions

On January 2, 2025, the US Department of the Treasury implemented the new Outbound Investment Security Program (OISP), which prohibits or imposes notification requirements on certain investments by US persons in persons that...more

Outbound Investment Security Program: Final Rule

On October 28, 2024, the US Department of the Treasury issued final regulations implementing the Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of...more

As CFIUS Announces Significant Penalties, Companies and Investors Confront a Shift in CFIUS Filing Cost-Benefit Dynamics

On the heels of releasing its 2023 Annual Report to Congress, the Committee on Foreign Investment in the United States (CFIUS) publicly announced six new penalties on parties that failed to comply with CFIUS requirements in...more

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications...more

Alert: Impact of COVID-19 on Global Foreign Direct Investment Screening Mechanisms

Governments across the globe have been tightening up efforts to screen foreign investments by implementing legislation to protect their own national interests and economies. This has become ever more apparent during the...more

Alert: CFIUS Filing Fees Become Effective on May 1

When Congress passed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to strengthen and expand the jurisdictional reach of the Committee on Foreign Investment in the United States, (CFIUS) we knew that...more

Alert: CFIUS Introduces Filing Fees

In a sweeping change, the Committee on Foreign Investment in the United States will soon require parties to transactions to pay filing fees in connection with certain CFIUS filings. Under the proposed rule published in the...more

Alert: CFIUS Update: Final Regulations Implement FIRRMA

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

Alert: Commerce Identifies Emerging Technologies for Potential New Export Control Restrictions and CFIUS Review

The Department of Commerce's Bureau of Industry and Security has published an advance notice of proposed rulemaking seeking public comments on a draft list of various emerging technologies that may soon be subject to...more

Alert: CFIUS Pilot Program to Require Mandatory Notification of Certain Transactions

On October 10, 2018, the US Department of the Treasury issued a set of interim regulations for a pilot program implementing certain provisions of the Foreign Investment Risk Review Modernization Act of 2018, which President...more

Alert: CFIUS Reform Puts Spotlight on Tech Companies, Foreign Government-Controlled Investors

On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for fiscal year 2019. The NDAA includes the Foreign Investment Risk Review Modernization Act, which expands the power of the...more

Alert: M&A Guide to CFIUS: Deciding Whether to Submit Voluntarily to CFIUS Review

As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the...more

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

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

Alert: M&A Lessons Learned from the Blocked Chinese Acquisition of Lattice Semiconductor

Last week, President Trump issued an Executive Order prohibiting the acquisition of Lattice Semiconductor Corporation (Lattice), a US computer chip manufacturer, by a Chinese investor. The president's order blocking the...more

Alert: Newly-Released Data Reveal 50% Increase in CFIUS Filings Over Prior Year

Each year, the US government releases a public version of a classified report to Congress summarizing the government's confidential review of certain foreign investments in the United States. The entity responsible for the...more

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