Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more
1/22/2020
/ CFIUS ,
China ,
Covered Real Estate Transactions ,
Critical Infrastructure Sectors ,
Excepted Investors ,
Export Controls ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
National Security ,
Technology Sector ,
Technology Transfer Agreements ,
Trump Administration
On January 13, 2020, the U.S. Department of the Treasury (Treasury), on behalf of the Committee on Foreign Investment in the United States (CFIUS or the Committee), issued two sets of final regulations implementing the...more
1/17/2020
/ CFIUS ,
Critical Infrastructure Sectors ,
Data Management ,
Declaration ,
Filing Requirements ,
Final Rules ,
FIRRMA ,
FOCI ,
Foreign Governments ,
Foreign Investment ,
Investors ,
National Security ,
Personal Data ,
Private Equity ,
Real Estate Transactions ,
Regulatory Oversight ,
Regulatory Requirements ,
REIT ,
U.S. Treasury ,
Venture Capital
On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more
9/24/2019
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Data Management ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
Financial Markets ,
FIRRMA ,
Foreign Investment ,
Investment ,
Limited Partnerships ,
National Security ,
Oil & Gas ,
Pipelines ,
Railways ,
Real Estate Transactions ,
Regulatory Reform ,
Satellites ,
Technology Sector ,
Telecommunications
As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more
1/15/2019
/ CFIUS ,
Corporate Counsel ,
Cross-Border Transactions ,
Delays ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Shutdown ,
Mandatory Declarations ,
National Security ,
National Security Review Proceedings ,
Time Extensions ,
Trump Administration ,
U.S. Treasury
In August 2018, President Donald Trump signed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly reformed national security reviews by the Committee on Foreign Investment in the United...more
11/1/2018
/ Advisory Board ,
CFIUS ,
Exemptions ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Fund Managers ,
General Partner ,
Indirect Investors ,
Investment Companies ,
Mandatory Declarations ,
National Security ,
Non-Controlling Interests ,
Trump Administration
On October 10, 2018, the Department of the Treasury, as the chair of the Committee on Foreign Investment in the United States (CFIUS), issued two sets of interim regulations implementing certain provisions of the Foreign...more
10/11/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Declaration ,
Federal Pilot Programs ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Governments ,
Foreign Investment ,
Jurisdiction ,
Mandatory Requirements ,
National Security ,
Non-Controlling Interests ,
Passive Investments ,
Technology Sector ,
Voting Securities
On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more
9/12/2018
/ CFIUS ,
China ,
Civil Monetary Penalty ,
Commerce Control List ,
Criminal Penalties ,
Department of Defense (DOD) ,
Dual Use Goods ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
Licensing Rules ,
National Security ,
NDAA ,
Supervision and Collaboration Agreements ,
Technology Sector ,
Trump Administration
After significant deliberation and discussion, Congress passed and the president is expected to shortly sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first legislation in over a decade to...more
8/7/2018
/ Acquisitions ,
Administrative Procedure ,
CFIUS ,
Declaration ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Mergers ,
National Security ,
National Security Review Proceedings ,
New Rules ,
Personally Identifiable Information ,
Real Estate Investments ,
Short-Form Mergers ,
Transparency ,
Trump Administration
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
President Donald Trump’s recent executive order blocking Broadcom Limited’s acquisition of chipmaker Qualcomm, Inc. (the Order) is the latest in a series of significant actions and statements regarding the national security...more
3/20/2018
/ Acquisitions ,
Blocked Mergers ,
Broadcom ,
CFIUS ,
China ,
Foreign Investment ,
Hostile Takeover ,
Mergers ,
National Security ,
Popular ,
Qualcomm ,
Trump Administration
On November 8, 2017, a bipartisan group of legislators led by U.S. Sen. John Cornyn, R-Texas, and U.S. Rep. Robert Pittenger, R-N.C., alongside co-sponsors including U.S. Sen. Dianne Feinstein, D-Calif., introduced parallel...more