News & Analysis as of

Critical Infrastructure Sectors

CFIUS for Europe? New Screening of Foreign Direct Investments in Europe

On September 13, 2017, the EU Commission released a proposed regulation establishing a framework for screening Foreign Direct Investments (FDI) in Europe. Several EU Member States have already implemented national mechanisms...more

Holland & Knight's Israel Practice Newsletter - Winter 2017

by Holland & Knight LLP on

Holland & Knight is a U.S.-based global law firm with a strong commitment to the state of Israel. We focus on providing guidance to Israeli investors and companies interested in doing business or making investments in the...more

NIST Releases Updated Cyber Framework V1.1

by Alston & Bird on

On December 5, 2017, the National Institute of Standards and Technology (NIST) released a revised draft of its proposed updates to its Framework for Improving Critical Infrastructure Cybersecurity. The revised draft includes...more

Significant Regulatory Innovations for REITs in Belgium

by Jones Day on

The Situation: Belgium's Law of October 22, 2017, modifies the REIT Regime by broadening the scope of REIT activities and relaxing the country's existing regulatory framework for REITs. The Result: The real estate sector...more

The Rise of Western Protectionism Is Set to Impact Global M&A

by Proskauer Rose LLP on

This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

National security reviews 2017: A global perspective — Japan

by White & Case LLP on

Past deals have almost all been approved, but 2017 amendments to FEFTA widened the scope of review and strengthened enforcement mechanisms - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of...more

National security reviews 2017: A global perspective — Australia (Updated)

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

National security reviews 2017: A global perspective — Canada

by White & Case LLP on

While few deals are challenged in Canada, national security reviews are becoming more common and complex - The Investment Review Division (IRD), which is part of the Ministry of Innovation, Science and Economic...more

National security reviews 2017: A global perspective — United Kingdom

by White & Case LLP on

National security interventions have, with one exception, involved defense considerations - Unlike many other jurisdictions, acquisitions in potentially sensitive industries do not, as a matter of course, require parties...more

Department Of Homeland Security Often Slow To Disseminate Cyber Threat Warnings, According To Government Accountability Office...

by King & Spalding on

On October 30, 2017, the United States Government Accountability Office (“GAO”) issued a report on the Department of Homeland Security’s (“DHS”) risk assessment practices for critical infrastructure. GAO reviewed DHS’s...more

National security reviews 2017: A global perspective — European Union

by White & Case LLP on

European investment screening "light" — first steps towards European investment controls - Due to the significant increase of foreign direct investment into European technology assets over the past 18 months, particularly...more

FIRRMA: Proposed CFIUS Legislation Would Bring Significant Changes

by White & Case LLP on

Senator John Cornyn (R-TX) and Representative Robert Pittenger (R-NC) have introduced parallel legislation that, if passed, would implement significant changes to the Committee on Foreign Investment in the United States...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

The Foreign Investment Regulation Review Edition 5 – EU Overview

by Hogan Lovells on

THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more

Legislation Proposes Sweeping New Foreign Investment Review Authorities

On November 8, 2017, a bipartisan group of legislators led by U.S. Sen. John Cornyn, R-Texas, and U.S. Rep. Robert Pittenger, R-N.C., alongside co-sponsors including U.S. Sen. Dianne Feinstein, D-Calif., introduced parallel...more

Michigan Governor Establishes Cyber Civilian Corp.

Michigan Governor Rick Snyder has signed into law the Cyber Civilian Corps Act, which established the Michigan Cyber Civilian Corps, dubbed MiC3, which has been in existence for three years, but not statutorily deployed....more

Cities Need Autonomous Vehicles Just as Much as Autonomous Vehicles Need Roads to Drive Down

by Foley & Lardner LLP on

Slowly, in the background of our day-to-day lives, cities and their suburban counterparts have been gaining intelligence. Stoplights are timed and monitored by a suite of cameras and sensors; traffic patterns are tracked and...more

Senate Confirms FERC Nominees Mcintyre And Glick

by Pierce Atwood LLP on

The U.S. Senate has confirmed the nominations of Kevin McIntyre as FERC Chairman and Richard Glick...more

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System...

by WilmerHale on

The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More

by Moore & Van Allen PLLC on

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a...more

FERC Proposes New Cybersecurity Rules for Electric Grid

The Federal Energy Regulatory Commission (FERC) has proposed new rules to enhance cybersecurity for the electric grid in the U.S., which includes security management controls to specifically respond to risks associated with...more

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS

The FBI and Department of Homeland Security issued a joint statement on October 20 warning of an increased danger of a malicious “multi-stage intrusion campaign” to critical infrastructure industries, including the energy...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Government Warns of Threat Activity Targeting Critical Infrastructure through Third-Party Access

A cloak of secrecy usually covers covert government activities when it comes to the latest cyber threats and intelligence. But in a rare public statement, the U.S. government has warned that hackers are targeting government...more

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Cybersecurity

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