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Updates to the UK National Security and Investment Act

Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more

The Road Ahead for Private Equity: Inbound & Outbound Investment Regulatory Risks: CFIUS & FDI

The U.S. government has been increasing its scrutiny of inbound foreign investment for national security risks and concurrently is establishing a new program that would prohibit certain outbound investments. Both developments...more

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

2022 Foreign Investment Review and What to Expect in 2023

Key Points - Reviewing inbound foreign investment for national security risk continues to be a high priority for governments worldwide. Key developments and trends include the following...more

Germany Further Tightens Rules on Foreign Direct Investment

Key Points - On April 27, 2021, the German government adopted the 17th Regulation for the Amendment of the German Foreign Trade Regulation (Außenwirtschaftsverordnung (AWV)). The regulation, which came into force on May...more

Investment Facilitation – A WTO Negotiation That Can Yield Positive Returns for Investors

Investment facilitation is among the new generation issues being discussed at the World Trade Organization (WTO), alongside issues such as electronic commerce and digital trade. The concept of “investment facilitation” refers...more

EU Locks Down Strategic Assets to Prevent Undervalued Foreign Takeovers During the Pandemic

The European Commission (EC) on March 25, 2020 issued new guidance on foreign investment screening in response to the COVID-19 emergency (the “Guidance”). The Guidance, which addresses the now 27 EU Member States and relates...more

EU Foreign Investment Law In Force from April

• The new EU FDI Regulation provides a framework for screening foreign direct investments and will enter into force in mid-April. While China, Russia and other currently high-profile “foreign” countries are not expressly...more

New U.K. National Security Powers to Call in Investments and Other Transactions

• The U.K. Department for Business, Energy and Industrial Strategy published its National Security and Investment White Paper, which proposes a voluntary notification regime and a powerful “call-in” mechanism. The proposal...more

New EU Law on the Screening of Foreign Direct Investments in Europe

• The European Commission has released a set of documents, including a proposal for an ‘FDI Regulation,’ which sets out an EU framework for screening foreign direct investments. • This proposal would grant the European...more

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