The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world....more
4/29/2019
/ Business Operations ,
Business Taxes ,
CFIUS ,
Delaware General Corporation Law ,
FCPA Guidance ,
Foreign Investment ,
Maritime Transport ,
National Security ,
Nuclear Power ,
Outer Continental Shelf ,
Partnerships ,
Popular ,
Punitive Damages ,
Regulatory Oversight ,
Regulatory Standards ,
Sarbanes-Oxley ,
Takeovers
Today, given the climate for trade, the “America First” policy of the current administration and the concern across Europe regarding protection of its key industries, the scope of review of transactions and industries that...more
8/14/2018
/ CFIUS ,
China ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
National Security ,
Private Equity ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
US Trade Policies
I. Introduction – Business and Legal Climate in the United States.
The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more
9/27/2017
/ Agricultural Land ,
Airlines ,
Business Development ,
Business Entities ,
Business Taxes ,
Capital Structures ,
Choice-of-Law ,
Defense Sector ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
Joint Venture ,
Maritime Transport ,
Mineral Leases ,
National Security ,
Nuclear Power ,
Outer Continental Shelf ,
Public Utility ,
Regulatory Oversight ,
Shareholders' Agreements ,
State Labor Laws ,
Telecommunications ,
Timber ,
Voting Shares
Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the...more
Congress crafted the Exon-Florio Amendment in 1988 to fill gaps that it perceived in federal antitrust, environmental and securities laws, as well as in the general power of the president to declare a national emergency, and...more