On September 15, 2022, US President Joe Biden signed an Executive Order (EO) aimed at increasing the federal government’s review of foreign investment in US businesses deemed critical to US national security interests. For...more
In this alert, our trade and sanctions team provides an update on the latest sanctions following our February 24, 2022, alert. In the interim, the United States has imposed new sanctions on Russia and Belarus in response to...more
3/10/2022
/ Asset Freeze ,
Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Energy Sector ,
Entity List ,
Export Controls ,
General Licenses ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Ukraine
The US Department of Commerce (“Commerce”) published in the Federal Register recently a proposed rule entitled “Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws.” (85 Fed. Reg....more
9/14/2020
/ Anti-Dumping Agreement ,
Certifications ,
Countervailing Duties ,
Customs and Border Protection ,
Deadlines ,
Importers ,
International Data Transfers ,
International Trade Commission (ITC) ,
Proposed Rules ,
U.S. Commerce Department ,
US Enforce and Protect Act (EAPA)
President Trump’s May 1, 2020, Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications...more
In this article, we discuss two notable recent developments in CFIUS reviews: First, CFIUS’s expanded jurisdiction over foreign investments in companies that receive emergency COVID-19-related DPA financing, and second, the...more
The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more
1/23/2020
/ Australia ,
Canada ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Declaration ,
Export Controls ,
Federal Pilot Programs ,
Final Rules ,
FIRRMA ,
Foreign Entities ,
Foreign Investment ,
Foreign Nationals ,
General Licenses ,
Investment Funds ,
NAICS ,
National Security ,
Personal Data ,
Regulatory Oversight ,
U.S. Treasury ,
UK
A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors.
Digital...more
12/20/2019
/ CFIUS ,
Digital Health ,
Digital Services Tax ,
Global Dealmaking ,
Healthcare ,
International Arbitration ,
Life Sciences ,
Medical Devices ,
Outbound Transactions ,
Private Equity ,
State-Owned Enterprises ,
UK Competition and Markets Authority (CMA)
EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE -
Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive...more
11/15/2019
/ Abuse of Dominance ,
Artificial Intelligence ,
Bribery ,
CFIUS ,
Collusion ,
Competition ,
Digital Marketplace ,
EU ,
European Commission ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Interim Measures ,
Manufacturers ,
Personal Data ,
Real Estate Transactions ,
Resale Price Maintenance (RPM)
The US Treasury Department issued proposed regulations that would “comprehensively” implement legislation passed last year, FIRRMA, to broaden the jurisdiction of CFIUS. Interested parties have until October 17 to file...more
9/23/2019
/ CFIUS ,
Code of Federal Regulations (CFR) ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
FCPA UPDATES FOR GLOBAL COMPANIES -
In recent months, the US Department of Justice (DOJ) has issued important guidance for global companies on corporate compliance programs and the Foreign Corrupt Practices Act (FCPA)...more
7/2/2019
/ CFIUS ,
Chief Compliance Officers ,
Corporate Fines ,
Corporate Misconduct ,
Data Protection ,
Data Protection Authority ,
Department of Justice (DOJ) ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Direct Investment ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Google ,
National Security ,
New Guidance ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
IN THIS ISSUE -
Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
4/30/2019
/ Arbitration Agreements ,
Beneficiaries ,
Biotechnology ,
CFIUS ,
China ,
Contractual Safeguards ,
Cryptocurrency ,
Estate Planning ,
Foreign Investment ,
Inheritance ,
Pharmaceutical Patents ,
Trustees ,
Trusts ,
Wealth Management
The US Department of the Treasury, acting in its role as chair of the Committee on Foreign Investment in the United States (CFIUS), issued two interim rules implementing provisions of the recently enacted Foreign Investment...more
Health Care Private Equity Investments in India -
A flurry of recent private equity (PE) investments in the Indian health care sector demonstrates strong investor appetite and opportunities.
India is one of the fastest...more
The Foreign Investment Risk Review Modernization Act (FIRRMA) is expected to be signed into law by President Trump in the coming days. FIRRMA updates and expands the role of the Committee on Foreign Investment in the United...more
In response to increasing concerns about foreign investment and access to sensitive US technology, particularly by Chinese investors, the US Senate and House of Representatives recently passed slightly different versions of a...more
President Trump announced on March 1, 2018, that sometime this week or next, the Trump Administration will place 25 percent tariffs on all steel imports and 10 percent tariffs on all aluminum imports. The tariffs come after...more
Since introducing legislation in late 2017 seeking to expand the jurisdiction of the Committee on Foreign Investment in the United States, Congress has continued to evaluate the proposed Foreign Investment Risk Review...more
Legislation has now been introduced in the US Congress that would significantly expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to a broader scope of transactions and, for some...more
The Impact of The EU General Data Protection Regulation -
The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise...more
8/31/2016
/ Acquisitions ,
Antitrust Litigation ,
Carry Forward ,
CFIUS ,
Cross-Border Transactions ,
Data Privacy ,
Data Protection ,
Data Protection Officers (DPOs) ,
EBITDA ,
EU ,
General Data Protection Regulation (GDPR) ,
Interest Income ,
life ,
Life Sciences ,
Mergers ,
Oil & Gas ,
Outsourcing ,
Personal Data ,
Publicly-Traded Companies ,
Tax Code ,
Tax Deductions ,
UK ,
UK Brexit
In Depth -
US research hospitals and other research institutions that import scientific instruments should take advantage of a US customs procedure that allows foreign instruments to enter duty-free if imported by such...more
On January 25, 2016, the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the US Commerce Department's Bureau of Industry and Security (BIS) announced new changes to existing US sanctions on Cuba,...more
1/29/2016
/ Barack Obama ,
Bureau of Industry and Security (BIS) ,
Corporate Counsel ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Embargo ,
Export Administration Regulations (EAR) ,
International Travel ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
U.S. Treasury
As widely reported, Saturday, January 16 was “Implementation Day” under the Joint Comprehensive Plan of Action (JCPOA), agreed to on July 14, 2015, by the P5+1 (China, France, Germany, Russia, the United Kingdom and the...more
The Joint Comprehensive Plan of Action (JCPOA) -
On July 14, 2015, following two years of negotiations, China, France, Germany, Russia, the United Kingdom, the United States and the European Union (referred to as P5+1 or...more
As widely reported, President Obama announced on December 17, 2014, significant changes to U.S. policy relating to Cuba. The broad policy revisions include the following...more
In This Issue:
- Features
..Investors in Africa Benefit from Regional Trading Blocs
..Understanding the COMESA Merger Control Regime
..Protecting Your UK Business Against Departing...more
9/17/2014
/ Africa ,
Brand ,
China ,
Coal ,
COMESA ,
Cross-Border ,
Environmental Policies ,
Metals ,
Mining ,
Multinationals ,
Natural Resources ,
Private Equity ,
Trademarks ,
UK