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Committee on Foreign Investment in the United States Export Controls Mergers

WilmerHale

CFIUS Under Trump 2.0: Continued Scrutiny of Cross-Border Deals

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In 2024, the Biden Administration substantially expanded executive branch power to monitor foreign investment into and out of the United States. First, the administration continued efforts to aggressively police compliance...more

Skadden, Arps, Slate, Meagher & Flom LLP

Resilient Economy and Promises of Lessened Regulation, Lower Taxes Raise Hopes for a Surge in M&A

Key Points - - Pro-growth policies and reduced regulation could create significant opportunities for increased M&A in 2025. - Lower interest rates, moderating inflation and rising stock market valuations may also...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 1 of 4): Conducting International...

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The risks for international investments have sharply expanded in recent years. Identifying, managing, and mitigating investment risk, in the current regulatory environment, can be just as essential as managing risk in any...more

Snell & Wilmer

CFIUS & Export Controls: The Foreign Investment Regulations Putting Buyers, Sellers, and M&A Practitioners at Risk

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In recent memory, enforcement of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) regulations has been mostly limited and sporadic. But recently, the U.S. government is reviving and...more

Torres Trade Law, PLLC

ITAR Material Change Reference Guide

Any person or company in the United States that manufactures, exports, temporarily imports, or brokers items, including technical data and software (defense articles), or performs certain services (defense services) that are...more

Morgan Lewis

Cross-Border Deal Due Diligence: Has the Risk Calculus Changed?

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Investors and targets generally view cross-border transactions from a risk-based perspective. That calculus applies not only to the manner in which an investment is made, but also to the level of diligence conducted, the...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Holland & Knight LLP

New Executive Order Creates Roadmap of Heightened CFIUS Scrutiny for Cross-Border M&A

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President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

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On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

Wiley Rein LLP

[Webinar] 2021 National Security Series - National Security Issues in M&A Due Diligence - November 10th, 2:30 pm - 3:30 pm EDT

Wiley Rein LLP on

Please join us in a discussion on the importance of M&A due diligence, where we will cover: - Cybersecurity and ransomware; - Corporate M&A activity; - Bureau of Industry and Security (BIS), export controls, and...more

Sheppard Mullin Richter & Hampton LLP

M&A Pre-Flight Check: Avoiding Common Issues in Aerospace & Defense Acquisitions

As anyone who follows the industry can tell you, mergers and acquisitions activity in the aerospace and defense industry has remained robust over the past decade. In 2019 alone, there were 460 corporate acquisitions in this...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Foley Hoag LLP

Expanded CFIUS Regulations in Effect February 13, 2020

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FAQs on How New Rules Impact Foreign Investment in U.S. Businesses - When do the new CFIUS regulations go into effect? - On January 13, 2020, the Department of the Treasury issued final regulations (31 CFR §§800, 802)...more

Akin Gump Strauss Hauer & Feld LLP

MedTech Update 2020: Legal and Regulatory Issues to Watch For in the Medical Technology Industry in the New Year

Medical device and diagnostics companies and laboratories should anticipate significant legal, regulatory and market changes in 2020 that will have a lasting impact on the industry. From revisions to how the government...more

Morrison & Foerster LLP

New EU Investment Screening Rules: 10 Key Things Dealmakers Need to Know

The EU has recently laid the ground to take a more active role in the screening of foreign direct investment (FDI). On April 10, 2019, the EU formally established a framework for foreign investment screening including a...more

King & Spalding

Impact of U.S. Government Shutdown on M&A

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How could the government shutdown affect your M&A transactions? Understand the ramifications of the shutdown through the lens of antitrust, securities and exchange commission, CFIUS, export controls and economic sanctions...more

Morrison & Foerster LLP

Key M&A Trends for 2019

Despite increasing political tensions and evolving trade policies, the U.S. M&A market in 2018 enjoyed its second-best total deal value ever, according to Mergermarket. Activity through the first three quarters appeared...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

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The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

Sheppard Mullin Richter & Hampton LLP

The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls...

Key Takeaways: • Emerging technology sectors will soon be subject to new export controls. • Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive...more

Foley Hoag LLP

Foreign Investment and Export Control Reform Update (Part 1 of Series)

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The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”), signed into law by President Trump on August 13, 2018, brings together several key Congressional efforts to update and reform U.S. controls...more

Dechert LLP

Congress Finalizes CFIUS Reform as Final Passage Appears Imminent

Dechert LLP on

After conferees from the U.S. House of Representatives (House) and U.S. Senate (Senate) reached agreement on the Foreign Investment Risk Review Modernization Act (FIRRMA), the House on Thursday, June 26, 2018, passed...more

Bass, Berry & Sims PLC

US Hammers ZTE with Export Denial Order, May Further Weaken Trade with China

Bass, Berry & Sims PLC on

• 7-year denial order imposed against Chinese telecommunications equipment maker • Denial order strictly limits business with company • Action comes as U.S. imposes other trade restrictions on China On April 16, U.S....more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VIII – Foreign...

Not every potential buyer is a U.S. corporation controlled by U.S. interests. It is important, both for the buyer and the seller, to understand the implications of foreign ownership, control, or influence (“FOCI”) on the...more

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