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Foley Hoag LLP

Highlights from CFIUS’ 2023 Annual Report to Congress

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On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the...more

StoneTurn

NCSC Warns U.S. Startups and Investors of Foreign Bad Actors with Money to Spend

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Last week, the National Counterintelligence and Security Center (“NCSC”), the Office of Economic Security and Emerging Technologies (“OESET”) and other coordinating government agencies issued a warning to U.S. venture...more

Saul Ewing LLP

The NVCA Revises Its Model Documents to Address Holding in West Palm Beach Firefighters’ Pension Fund vs. Moelis

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The National Venture Capital Association (“NVCA”) has recently (but without any fanfare) released substantively important revisions to its model legal documents, specifically, the Investor Rights Agreement, the Stock Purchase...more

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

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Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

White & Case LLP

Major changes to Australia’s Foreign Investment Review regime announced

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Australia's Federal Treasurer, Jim Chalmers, has announced major changes to Australia's foreign investment regime designed to safeguard economic and national security. Overseas investors with a proven track are set to benefit...more

White & Case LLP

UK FDI: Strategic streamlining but sectoral spread - the UK Government confirms its plans for NSIA reform

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In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more

HaystackID

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

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Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

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EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

White & Case LLP

A new era of water reuse and reclamation: opportunities and challenges

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In the wake of recent extreme weather events and existing water stress caused by growing populations, climate change, competing demand across household, agricultural and industry sectors and ageing and inefficient water...more

Torres Trade Law, PLLC

Trade Alert: Treasury Releases CFIUS 2022 Annual Report

On July 31, 2023, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) released its annual report to Congress of the Committee’s national security reviews and investigations of certain foreign...more

Wilson Sonsini Goodrich & Rosati

"I See Dead Companies": CFIUS Aims an FAQ at the Venture Capital Model

One of the bigger surprises in the history of the Committee on Foreign Investment in the United States (CFIUS) began to unfold in May 2023, when CFIUS posted a new Q&A on the FAQ section of the CFIUS website. The FAQ...more

Torres Trade Law, PLLC

CFIUS Updates: New FAQs Clarify Positions; Possible Expansion of Scope of Real Estate Review

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In our recent article Amid TikTok Tensions, CFIUS Signals Increased Enforcement and Other Updates, we discussed updates from the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) primarily with...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

Davies Ward Phillips & Vineberg LLP

Canadian Foreign Investment Law in 2023: National Security Is (Still) Paramount

In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific...more

Latham & Watkins LLP

Committee on Foreign Investment in the United States: Key Questions Answered

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The Committee on Foreign Investment in the United States (CFIUS) evaluates the US national security impact of acquisitions of "control" by foreign persons of US businesses. ...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Reports Significant Uptick in Filings and Non-Notified Inquiries

Key Points - According to CFIUS’s recently-released Annual Report for 2021, the total number of CFIUS filings increased significantly year-on-year, with transactions involving Chinese investors more than doubling compared...more

Bradley Arant Boult Cummings LLP

How Not to Make a Deal: 5 Key Cybersecurity Concerns in M&A

Cyber risks are increasing, and as a result, due diligence inquiries and valuations are increasingly focusing on the cybersecurity and privacy risks inherent in a business’s collection, use, retention and disposal of data. ...more

Husch Blackwell LLP

A Year Out: Renewable Energy Developer and Investor Compliance with the Texas Lone Star Infrastructure Protection Act

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It has been almost a year since Texas’ Lone Star Infrastructure Protection Act (“LIPA”) was signed into law by Governor Abbott on June 18, 2021, and took effect. In the past year, we have seen developers, tax investors, and...more

Wilson Sonsini Goodrich & Rosati

The UK's National Security and Investment Act Now Fully in Force

The United Kingdom's National Security and Investment Act (the NSI Act) is now fully in force. First proposed in 2016, the NSI Act creates a stand-alone regime that authorizes the UK government to consider and address the...more

White & Case LLP

Foreign direct investment reviews 2021: Italy

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In response to the COVID-19 emergency, the screening powers of the Italian government were significantly expanded - The Italian government, led by the President of the Council of Ministries, together with any other...more

Wiley Rein LLP

CFIUS Releases 2020 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS or the Committee) released a public version of its annual report to Congress for the calendar year 2020. The report covers transactions filed with the Committee...more

Goodwin

Navigating French Foreign Investments In Light of Heightened Scrutiny As a Result of COVID-19

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Last December, after several months of discussions and some twists, the French Minister of Economy (“the MoE”) refused to bless U.S.-listed Teledyne Technologies Inc.’s acquisition of France-based Photonis, which specializes...more

BCLP

Act on it - the National Security and Investment Act 2021

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The UK’s long-awaited National Security and Investment Act passed into law on 29 April 2021 when it received Royal Assent. Secondary legislation will follow and the regime is expected to be fully in force towards the end of...more

Mayer Brown

IRS Issues Final Carbon Capture Regulations

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On January 6, 2021, the US Internal Revenue Service (the “IRS”) issued final regulations (T.D. 9944) (the “Final Regulations”) on the Section 45Q carbon capture tax credit (the “Carbon Credit”). The Final Regulations...more

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