On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more
2/11/2019
/ Anti-Corruption ,
China ,
Civil Liability ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
Extradition ,
Federal Rules of Criminal Procedure ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Defendants ,
Foreign Policy ,
International Litigation ,
Multinationals ,
National Security ,
Trump Administration
Tariffs targeting Chinese imports into the United States garnered headlines throughout 2018. However, during the latter part of the year, the U.S. government more quietly initiated efforts that in 2019 and beyond could be...more
1/21/2019
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
NDAA ,
Notice of Proposed Rulemaking (NOPR) ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Burden ,
Tariffs ,
Technology Sector ,
Trade Policy ,
Trade Relations ,
Trump Administration ,
U.S. Commerce Department
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 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
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including the use of legal holds in cross-border investigations,...more
8/29/2018
/ China ,
Civil Monetary Penalty ,
Cooperation ,
Criminal Investigations ,
Cross-Border Transactions ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Fee Reductions ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Personal Liability ,
Popular ,
Privileged Communication ,
Serious Fraud Office (SFO) ,
Settlement ,
Trump Administration ,
UK
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
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