News & Analysis as of

Covered Transactions

Latham & Watkins LLP

Committee on Foreign Investment in the United States - Key Questions Answered On CFIUS

Latham & Watkins LLP on

What is CFIUS? CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal interagency group with authority to review foreign investments in US businesses and certain real estate...more

Stroock & Stroock & Lavan LLP

Bankruptcy Can Trigger CFIUS Review

The Committee on Foreign Investment in the United States (“CFIUS”) screens significant foreign investments in U.S. businesses to assess their impact on U.S. national security. Investments deemed a threat may be blocked or...more

Lowenstein Sandler LLP

CFIUS Doesn’t Mean Chinese Companies Can’t Invest In The US

Despite heightened US-China trade tensions and the COVID-19 pandemic’s disruptive effects on the global economy, mergers and acquisitions continue. The US government’s Committee on Foreign Investment in the United States...more

Hogan Lovells

UK: The National Security and Investment Act receives royal assent

Hogan Lovells on

Watch out for the National Security and Investment Act which has now received royal assent although it is still not expected to come fully into force until this Autumn due to the amount of secondary legislation that needs to...more

FTI Consulting

CFIUS is Eyeing Your Data. You Should, Too

FTI Consulting on

The Feds are aggressively scrutinizing foreign investment in the United States. Whether your agreement is pending or approved, protecting your data and intellectual property is a critical — and often overlooked — element in...more

WilmerHale

New Commerce Rule Covering ICTS Transactions Involving Foreign Parties

WilmerHale on

A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more

Vicente Sederberg LLP

When Do You Need Cannabis Regulatory Counsel? A Guide for Corporate Counsel

Vicente Sederberg LLP on

After the success of cannabis initiatives in the 2020 elections, more and more law firms are fielding questions from their clients about potential transactions in the cannabis industry....more

Hogan Lovells

Strengthening the defences: the new UK national security investment screening regime

Hogan Lovells on

A new National Security and Investment Bill laid before the UK Parliament this week will, on enactment, significantly affect the way investments in the UK can be reviewed by the UK Government where they raise national...more

Goodwin

When Your Investment Is Rockin’ And CFIUS Comes A-Knockin’: The CFIUS Non-Notified Process

Goodwin on

Much has been reported in the media about the efforts of the Committee on Foreign Investment in the United States (CFIUS) to investigate — and, where appropriate, mitigate, or even divest — transactions that the parties did...more

Orrick, Herrington & Sutcliffe LLP

Amendments to the Golden Power Regulation: clarification on the extension of the Golden Power in the energy sector

With the Decrees of the President of the Council of Ministers (“DPCM”) no. 179 and 180 dated December 30, 2020 (effective from January 14, 2021), the Legislator has significantly innovated the Golden Power regulation set...more

WilmerHale

CFTC Adopts Final Rule Regarding Speculative Position Limits

WilmerHale on

On October 15, the Commodity Futures Trading Commission (CFTC or the Commission) adopted final rules imposing speculative position limits in derivative contracts referencing 25 agricultural, metals and energy commodities (the...more

Allen & Overy LLP

National Security and Investment Bill: a new frontier for scrutiny of investment in the UK

Allen & Overy LLP on

On 11 November 2020 the UK Government published its groundbreaking National Security and Investment Bill (Bill). The Bill will drastically expand the Government’s powers to scrutinise investment on national security grounds,...more

Wilson Sonsini Goodrich & Rosati

CFIUS After FIRRMA Implementation: A Crash Course in Assessing and Navigating Risk

On October 15, 2020, the final rule implementing the baseline requirements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect. This final rule altered the mandatory filing rules of the...more

Buchalter

Buchalter COVID-19 Client Alert: SBA Issues New PPP Guidance Regarding Required Approval for a Sale of Assets or Transfer of...

Buchalter on

On October 2, the SBA issued SBA Procedural Notice 5000-20057, Paycheck Protection Program Loans and Changes of Ownership (“Notice”). A link to the Notice is set out below. The Notice sets forth SBA procedural...more

Hogan Lovells

Secondaries and UK Stamp Duty

Hogan Lovells on

In private equity secondary transactions, it is commonly assumed that UK stamp duty is not payable. However, in light of the latest HMRC consultation on modernising stamp duty on shares, the approach to dealing with stamp...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Implements Mandatory Filing Based on Export Licensing

- On September 15, Treasury published a Final Rule adopting changes to the CFIUS mandatory filing framework for covered transactions involving critical technologies. - Rather than being pegged to targeted industries...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

Dechert LLP on

President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on August 13, 2018. FIRRMA made several substantial changes to the CFIUS process and expanded the scope of the...more

Hogan Lovells

Carve-out transactions must be clean cuts. But getting untangled can be easier said than done

Hogan Lovells on

Carve-out transactions will remain a popular option for chemical companies looking to shed non-core business activities in the face of numerous market challenges...more

Orrick, Herrington & Sutcliffe LLP

CFIUS Mandatory Filings for Certain "Critical Technology" Transactions – New Export Controls Test

As anticipated in our prior alert, yesterday the Committee on Foreign Investment in the United States (“CFIUS”) published a final rule that ties CFIUS’s mandatory filing requirement for certain “critical technology”...more

Mayer Brown Free Writings + Perspectives

SEC Adopts Revisions to Financial Institution Disclosure Requirements

The Securities and Exchange Commission adopted updated disclosure requirements for domestic and foreign banks, which were historically contained in Industry Guide 3. Consistent with the proposed changes, the final amendments...more

Thompson Coburn LLP

What employers should know about DOL’s final fiduciary rule and proposed prohibited transaction exemption for fiduciaries

Thompson Coburn LLP on

A version of this article previously appeared in the September 2020 edition of Employee Benefit Plan Review. In late June and early July, the Department of Labor (DOL) published guidance regarding the standards that apply...more

Farrell Fritz, P.C.

Enforceability of Oral Operating, Shareholder, and Partnership Agreements

Farrell Fritz, P.C. on

Oral agreements – and oral modifications of written agreements – are a constant source of litigation in business divorce cases. Alleged oral agreements are subject to attack based upon legal enforceability – as well as their...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Issues Interim Rules on Certain Foreign Investments in Response to COVID-19

On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers...more

Dechert LLP

What Did the DOL Just “Rollover” (and Roll Out)? – “A Primary Basis” for Understanding the New Proposed ERISA Exemption and...

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on June 29, 2020 issued a release (the “Release”) proposing an important new initiative for retirement accounts (“Plans”) that are subject to the Employee Retirement Income Security...more

King & Spalding

Covered Funds Slightly Uncovered

King & Spalding on

The federal regulatory agencies charged with deriving and maintaining regulatory provisions pursuant to section 13 of the Bank Holding Company Act (commonly referred to as the Volcker Rule) have revised the “covered fund”...more

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