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
Over the past year, a bipartisan group of legislators in Congress has been drafting and soliciting support for a new statute that, if passed, would dramatically reform national security reviews performed by the Committee on...more
1/24/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Controls ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Joint Venture ,
Jurisdiction ,
License Agreements ,
National Security ,
National Security Review Proceedings ,
Notice Requirements ,
Partnerships ,
Proposed Legislation ,
Risk Mitigation ,
Technology Sector ,
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