News & Analysis as of

Cross-Border Transactions National Security Personal Data

Baker Donelson

DOJ Final Rule Targets Cross-Border Data Transfers: Key Implications for U.S. and Foreign-Owned Companies Operating in the U.S.

Baker Donelson on

In the final days of the Biden administration the U.S. Department of Justice (DOJ) issued a sweeping set of regulations which are in effect as of yesterday, April 8, 2025. The regulations focus on cross-border data transfers...more

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

WilmerHale on

With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more

WilmerHale

China Amends Its Anti-Money Laundering Law

WilmerHale on

China’s draft Amended Anti-Money Laundering (AML) Law1 (AML Law) was submitted to the Standing Committee of the National People's Congress (NPC) on September 10 for the second of what are generally three readings....more

Robinson+Cole Data Privacy + Security Insider

White House Executive Order to Establish New Cross-Border Sensitive Data Transfer Control Regime

On February 28, 2024, the Justice Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to seek public comments on the establishment of a new regulatory regime to restrict U.S. persons from transferring bulk...more

A&O Shearman

DOJ Proposes New Licensing Regime for the Bulk Sale of Americans’ Personal Data

A&O Shearman on

On February 28, 2024, President Biden issued an Executive Order (EO) entitled, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern,” outlining a new...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

Latham & Watkins LLP on

President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

StoneTurn

CFIUS: Three Trends to Know

StoneTurn on

Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

McDermott Will & Emery

Spotlight on Sensitive Personal Data as Foreign Investment Rules Take Force

McDermott Will & Emery on

New CFIUS rules—which took effect February 13, 2020—underscore the need for privacy diligence in deals involving foreign investments and signal a larger trend toward heightened regulatory scrutiny of foreign access to...more

Jones Day

Facing FIRRMA: Treasury Releases Final CFIUS Regulations

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury Department") released final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which, among other things, effectuate...more

Orrick, Herrington & Sutcliffe LLP

New CFIUS Rules – Eight Key Points

The Committee on Foreign Investment in the United States ("CFIUS") issued final regulations on January 13, 2020 to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA") (the...more

Goulston & Storrs PC

CFIUS Jurisdiction over Real Estate Transactions Expanded: Foreign Investors Should Take Notice

Goulston & Storrs PC on

The Trump administration continues to expand the powers of the US government to block foreign investment in the U.S. on national security grounds. In 1975, President Gerald Ford established the Committee on Foreign Investment...more

Sheppard Mullin Richter & Hampton LLP

Who’s the Boss? The CFIUS “Control” Definition for Global Venture Capital Funds

My VC Fund has U.S. and non-U.S. General Partners, will I need to file CFIUS declarations for every investment I want to make in tech, in infrastructure, or in a company with customers’ personal data? This is a critical...more

Jones Day

Facing FIRRMA: CFIUS Review of the Biotechnology and Life Sciences Sector

Jones Day on

The Situation: The Committee on Foreign Investment in the United States ("CFIUS," or the "Committee") recently published draft regulations implementing the Foreign Investment Risk Review Modernization Act ("FIRRMA"), which...more

Dorsey & Whitney LLP

CFIUS and Its Proposed Regulations Expanding Jurisdiction - Foreign Investment in the United States will Face More National...

Dorsey & Whitney LLP on

The U.S. Department of the Treasury’s Office of Investment Security published proposed regulations on September 24 (“Proposed Regulations”). Under the Proposed Regulations, more foreign investment transactions will be subject...more

ArentFox Schiff

CFIUS 2.0: Treasury Releases Comprehensive Rewrite of CFIUS Regulations, Flood of Filings Expected in 2020

ArentFox Schiff on

On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk...more

ArentFox Schiff

CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context

ArentFox Schiff on

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries,...more

Akin Gump Strauss Hauer & Feld LLP

New CFIUS Law: Key Issues Affecting the Energy Sector

• FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded...more

Fenwick & West LLP

Shaking up Terra FIRRMA: Implications of CFIUS Reform for Tech and Life Sciences Companies

Fenwick & West LLP on

The shadow cast over the technology industry by the Committee on Foreign Investment in the U.S. has been growing in recent years, resulting in the blocking of various high-profile technology deals—including Broadcom’s...more

Foster Garvey PC

New U.S. Law on Foreign Investment Further Complicates Future Chinese Investments in the United States

Foster Garvey PC on

On August 13, 2018, the President signed into law new legislation that will impose heightened oversight of investments by Chinese persons in U.S. businesses. The Foreign Investment Risk Review Modernization Act (FIRRMA)...more

Sheppard Mullin Richter & Hampton LLP

Expanding CFIUS: New Law Strengthens And Slows Investment Review

This week, you have likely heard about FIRRMA, the Foreign Investment Risk Review Modernization Act, the law that will expand CFIUS. We have written about a number of aspects of the new law as it was being made, including the...more

Holland & Knight LLP

FIRRMA Expands CFIUS Jurisdiction in 2 Major Ways - New Law Shifts Emphasis from "Control" to "Influence" and Brings Real Estate...

Holland & Knight LLP on

• President Donald Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) into law on Aug. 13, 2018. Among other things, the NDAA contains the Foreign Investment Risk Review...more

Bass, Berry & Sims PLC

Proposed CFIUS Reform Moves Forward

Bass, Berry & Sims PLC on

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

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