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The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

President Blocks Hostile Takeover of Qualcomm Upon Recommendation from CFIUS

On March 12, 2018, President Trump issued an Executive Order blocking the proposed $117 billion hostile takeover of Qualcomm Incorporated by Broadcom Limited following a recommendation from the Committee on Foreign Investment...more

President Trump Nears Full Slate of Nominees for FTC

President Trump has announced an additional nominee for the Federal Trade Commission, naming Christine Wilson to fill the remaining Republican seat. Ms. Wilson currently serves as a Senior Vice President at Delta Airlines,...more

CFIUS's Failure to Approve Chinese Investment in Money Transfer Services Company Indicates Higher Hurdles for Chinese Investment...

On January 2, 2018, MoneyGram International Inc. and Ant Financial Services Group announced that they had terminated their Amended Merger Agreement after they were unable to obtain approval of the transaction from the...more

Changes Possibly Coming to CFIUS

Change may be coming to the Committee on Foreign Investment in the United States (CFIUS), but any changes to the jurisdiction or process used by the multi-agency committee that reviews foreign investments in U.S. business for...more

President Trump Names Nominees to the FTC

President Trump has announced his nominee for Chair of the Federal Trade Commission, naming Joseph Simon to the position. The President has also announced two additional nominees to fill seats on the Commission, Rohit Chopra...more

President Prohibits Chinese Investment in U.S. Semiconductor Company Following Recommendation from CFIUS

On September 13, 2017, President Trump issued an Executive Order citing unresolved national security concerns in prohibiting the $1.3 billion acquisition of a publicly traded semiconductor manufacturer by a group of investors...more

Update of the Department of Justice Antitrust Division’s Frequently Asked Questions about the Leniency Program and Model Leniency...

On January 17, 2017, the Antitrust Division of the U.S. Department of Justice (“Antitrust Division”) issued an update to its 2008 “Frequently Asked Questions about the Antitrust Division’s Leniency Program and Model Leniency...more

Fraudster Beware: Your Scheme to Defraud Could be a Federal Crime if it Involves a Bank

Normally, a scheme to defraud another individual would be a state crime, prosecuted and sentenced at the state level (leaving aside use of U.S. mail or wires). To be convicted of the state crime of fraud usually requires...more

President Applies Authority under CFIUS to Prohibit Acquisition of the U.S. Business of A German Technology Company by A...

As we discussed in a recent alert, the Committee on Foreign Investment in the United States (CFIUS) refused to approve the proposed $710 million acquisition of Aixtron GE, a German-based technology company, by Grand Chip...more

Even Merging Parties Found Largely Overseas May be Subject to the Broad Reach of CFIUS Jurisdiction

According to a press release issued on November 21, 2016, the Committee on Foreign Investments in the United States (CFIUS) refused to approve the proposed $710 million acquisition of technology company Aixtron GE of Germany...more

We Really Mean It This Time: Recently Enacted FOIA Improvement Act of 2016 Mandates

On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was...more

“Run for the Hills” Validated by the Second Circuit: Warrants for Electronic Communications Cannot Apply Across International...

In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more

CPSC Makes the Right Move: Eliminates Need to Certify Compliance with Flammability Standards for “Inherently Safe” Adult Clothing

The Consumer Product Safety Commission (CPSC) is giving some manufacturers and importers of adult clothing a break: eliminating the requirement that they issue certificates of compliance for fabrics that have already been...more

CFIUS Continues its Focus on China and “Critical Technologies”

The recently published annual report of the Committee on Foreign Investment in the United States (“CFIUS” or “Committee”) for calendar year 2014 makes clear that parties to potential foreign investment in the United States...more

Updates to the Department of Defense’s New Cyber Security Regulation

At the end of 2015, the US Department of Defense (DoD) issued a second interim rule, effective immediately, modifying cyber security control requirements it issued earlier in 2015. In particular, this second interim rule (1)...more

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