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 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
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
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