Introduction: A New National Security Review Process -
On April 4, 2020, President Trump issued an Executive Order creating the Committee for the Assessment of Foreign Participation in the United States Telecommunications...more
In the world of the Committee on Foreign Investment in the United States (CFIUS), the first few months of 2020 proceeded largely as expected: CFIUS unveiled new regulations containing no major surprises (see our...more
For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more
3/10/2020
/ Acquisitions ,
Blocked Mergers ,
CFIUS ,
Corporate Counsel ,
Covered Real Estate Transactions ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Divestiture ,
Executive Orders ,
Filing Fees ,
FIRRMA ,
Foreign Investment ,
National Security ,
Rulemaking Process ,
Statutory Authority ,
U.S. Treasury
A Summary and a Business Decision-Maker's Chart for the Path Forward -
On January 13, 2020, the U.S. Department of the Treasury issued final rules fully implementing the new powers granted to the Committee on Foreign...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cybersecurity ,
Federal Pilot Programs ,
Foreign Investment ,
Inbound Investments ,
Mandatory Declarations ,
National Security ,
New Rules ,
Popular ,
U.S. Treasury
Venture Fundraising and Investment in Healthcare -
U.S. healthcare venture fundraising reached a record $9.6 billion in 2018, continuing a four-year upward trend. This was driven by excellent returns in the sector,...more
3/15/2019
/ Acquisitions ,
Alternative Investment Markets (AIM) ,
Biosimilars ,
CFIUS ,
Digital Health ,
Emerging Technology Companies ,
Investment ,
Investment Opportunities ,
Life Sciences ,
Medical Devices ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Telehealth ,
Venture Capital
CFIUS Past, Present, and Future:
A 2018 CFIUS Carol -
The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more
12/21/2018
/ CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Emerging Technology Companies ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
National Security ,
Trump Administration
On November 19, 2018, the U.S. Commerce Department's Bureau of Industry and Security (BIS) released its advance notice of proposed rulemaking (ANPRM) to control the export of emerging technologies. Comments on the ANPRM are...more
11/20/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
ECCNs ,
Emerging Technology Companies ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Manufacturers ,
Public Comment ,
Robotics ,
Software ,
Technology ,
U.S. Commerce Department
As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more
10/19/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
NAICS ,
National Security ,
Trump Administration ,
U.S. Commerce Department
So you've heard a lot about CFIUS reform and the changes that may result from FIRRMA, perhaps from our prior pieces. While the President just signed FIRRMA into law on August 13, you probably know that many key FIRRMA...more
On Tuesday, Congress released its final draft of the Foreign Investment Risk Review Modernization Act (FIRRMA)—a compromise bill which reconciles the differences between the versions previously passed by the House and Senate....more
On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more
5/2/2018
/ CLOUD Act ,
Cloud Storage ,
Criminal Investigations ,
Dismissals ,
Electronically Stored Information ,
Extraterritoriality Rules ,
International Litigation ,
Internet Service Providers (ISPs) ,
Mootness ,
Mutual Legal Assistance Treaties (MLAT) ,
SCOTUS ,
Search Warrant ,
Stored Communications Act ,
Subpoenas ,
US v Microsoft