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Committee on Foreign Investment in the United States Mergers

Fenwick & West LLP

Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

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This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more

Holland & Knight LLP

Nippon Steel and U. S. Steel Announce Finalized Merger Agreement

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Nippon Steel Corp. and United States Steel Corp. published a press release on June 18, 2025, announcing the finalization of their merger agreement, executed on Dec. 18, 2023. Following a review by the Committee on Foreign...more

Mayer Brown

Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency

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On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close...more

Fenwick & West LLP

Buy-Side M&A Playbook: Preparing for an Aerospace & Defense Deal

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Acquiring a company in the aerospace, defense, and critical manufacturing sectors requires more than just financial readiness. These industries come with unique regulatory challenges, security concerns, and government...more

Cadwalader, Wickersham & Taft LLP

Delaware Chancery Court Enforces Specific Performance and Forces Merger to Close

A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. v. Nano Dimension Ltd., the...more

Paul Hastings LLP

A Victory for Deal Certainty: Reasonable Best Efforts Covenants Should be Taken Seriously

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The recent decision of the Delaware Court of Chancery in Desktop Metal, Inc. v. Nano Dimension Ltd. and Nano USI I, Inc. provides valuable lessons for both sellers and buyers on deal certainty and reasonable best efforts...more

Sheppard Mullin Richter & Hampton LLP

Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

Mogin Law LLP

Nippon Steel’s U.S. Steel Acquisition Gets Fresh Look by Trump Administration

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President Trump has directed his foreign investment agency to conduct a fresh national security review of Nippon Steel’s proposed acquisition of U.S. Steel, the Wall Street Journal has reported. The proposed $14 billion...more

Foley & Lardner LLP

Weathering the Storm: Key M&A Considerations for Foreign Investors Entering the U.S. Market

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Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more

Dacheng

How China Scrutinizes Foreign Deals: Antitrust and National Security Mechanisms in the BlackRock-Hutchison

Dacheng on

On March 4, 2025, CK Hutchison Holdings Limited (“CK Hutchison”), controlled by the Li Ka-Shing family, announced a significant transaction on the Hong Kong Stock Exchange: the proposed sale of 80% equity in its port business...more

Morgan Lewis

Regulatory Shifts in Aerospace and Defense: What Businesses Need to Know as 2025 Takes Flight

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The aerospace and defense industry is facing a rapidly shifting legal landscape in 2025, shaped by regulatory updates, enforcement trends, and geopolitical considerations. With increased scrutiny on foreign investments,...more

StoneTurn

2025 and Cybersecurity: What is Your Strategy?

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Cybersecurity in 2025 will continue to face escalating challenges from AI-driven threats, geopolitical tensions, and increased regulatory scrutiny. Organizations must adapt to sophisticated cyberattacks fueled by AI,...more

Sheppard Mullin Richter & Hampton LLP

America First Investment Policy: U.S. Foreign Investment Policy Evolves under Trump 2.0

Last week, the White House issued a National Security Presidential Memorandum (“NSPM”) intended to address current national security threats while preserving an open environment for international investment....more

A&O Shearman

Global trends in merger control enforcement report- 2025

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Merger control and foreign investment hurdles contributed to a challenging 2024 for M&A. 2025 looks more promising, with pro-business agendas and regulatory easing in key jurisdictions expected to fuel a surge in dealmaking -...more

Axinn, Veltrop & Harkrider LLP

Can You Ever Come Back from a Presidential Block? The Latest in the Nippon Steel/U.S. Steel Saga

When former President Biden blocked the acquisition by Nippon Steel of U.S. Steel in January on national security grounds, many assumed that was the end for a transaction that would have combined a Japanese powerhouse company...more

WilmerHale

2025 M&A Report

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This year’s M&A Report offers a detailed review of the M&A market and outlook, including a breakdown by various geographies and industry sectors. We examine what might be in store with antitrust and CFIUS under the Trump...more

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

Holland & Knight LLP

Podcast - Navigating Regulatory Challenges in M&A Transactions

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In the 17th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by Antonia Tzinova, the head of Holland & Knight's Committee on Foreign Investment in the United States (CFIUS) and...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2025

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Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Jenner & Block

Biden Blocks Nippon Steel Deal, but CFIUS Expected to Continue Clearing Japanese Investments in the United States

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On January 3, 2025, US President Joe Biden published an order blocking Nippon Steel’s proposed acquisition of US Steel, citing the Committee on Foreign Investment in the United States’ (CFIUS) finding that the deal would...more

Holland & Knight LLP

Biden Administration's Blocking Order Sparks Legal Battles

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President Joe Biden on Jan. 3, 2025, issued a blocking order (the Order) addressing the proposed acquisition of United States Steel Corporation (U.S. Steel) by Nippon Steel Corporation (Nippon Steel), Japan's largest...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

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

Dorsey & Whitney LLP

Has the CFIUS Process Become Political?

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On January 3, President Biden issued the Order Regarding the Proposed Acquisition of United States Steel Corporation by Nippon Steel Corporation (the “Order”)....more

Akin Gump Strauss Hauer & Feld LLP

FCC Approvals on Upcoming Mergers and Acquisitions

Under Republican administrations, the Federal Communications Commission (FCC) has historically taken a more permissive approach to approving mergers and acquisitions (M&A) transactions involving companies that hold FCC...more

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