News & Analysis as of May 7, 2025

Committee on Foreign Investment in the United States

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

Morgan Lewis on 3/20/2025

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

DOJ Issues Final Rule Restricting Flow of Bulk Sensitive Personal Data to China and Other Countries of Concern

Ropes & Gray LLP on 1/9/2025

On January 8, 2025, the Department of Justice (“DOJ”) published its Final Rule to implement President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

StoneTurn on 8/1/2024

The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

A Fracturing Data Environment: Executive Order Portends Major Changes to US Data Management

Skadden, Arps, Slate, Meagher & Flom LLP on 3/7/2024

On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more

[Event] 10th National Conference on CFIUS - April 11th - 12th, Arlington, VA

American Conference Institute (ACI) on 2/19/2024

Hosted by American Conference Institute, the 10th National Conference on CFIUS returns for another exciting year with curated programming that will provide invaluable insights on repositioning your transaction planning amidst...more

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

Fox Rothschild LLP on 11/2/2023

As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing

Sheppard Mullin Richter & Hampton LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions...more

Biden Administration Unveils Proposed Outbound Investment Restrictions Targeting Chinese Advanced Technology Companies

Fenwick & West LLP on 8/11/2023

On August 9, President Biden issued an executive order (E.O.) directing the U.S. Department of the Treasury (Treasury), in consultation with the U.S. Department of Commerce and other U.S. agencies, to adopt regulations that...more

Reverse CFIUS is Coming: President Biden Issues Executive Order Addressing Certain Outbound Investments by U.S. Persons

Foley Hoag LLP on 8/11/2023

On August 9, 2023, President Biden issued an Executive Order (E.O.) addressing certain outbound investments by U.S. persons in certain sensitive or advanced technologies or products involving certain “countries of concern.”...more

US Moves To Narrowly Limit Investment in China

Skadden, Arps, Slate, Meagher & Flom LLP on 8/11/2023

On August 9, 2023, after more than a year of deliberations, the Biden administration finally released an executive order (the Order) directing the Department of the Treasury (Treasury) to create a new regulatory program to...more

[Event] 9th National Conference on CFIUS - April 13th - 14th, Arlington, VA

American Conference Institute (ACI) on 3/22/2023

Hosted by American Conference Institute (ACI), the 9th National Conference on CFIUS returns for another exciting year with curated programming and an impressive lineup of leaders from government, industry and private practice...more

CFIUS Year in Review

Foley Hoag LLP on 2/9/2023

CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

CFIUS: The FDI watchdog bares its teeth

White & Case LLP on 2/7/2023

EO 14083 clearly articulates national security risks that the Committee must consider when reviewing covered transactions. The five areas of focus are: supply chain resilience; impact on US technological leadership;...more

Foreign Investment in the Critical Minerals Sector to Face Enhanced Scrutiny

Holland & Knight LLP on 1/6/2023

In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on 10/13/2022

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 5, 2022

Lowenstein Sandler LLP on 10/6/2022

On September 15, President Biden issued the first ever executive order (E.O.) regarding the Committee on Foreign Investment in the United States (CFIUS). While the E.O. does not change the law or regulations related to CFIUS...more

New Executive Order Directs CFIUS on Review of Covered Transactions

Cadwalader, Wickersham & Taft LLP on 10/3/2022

On September 15, President Biden issued an Executive Order on “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” in response to “an evolving...more

Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews

Bradley Arant Boult Cummings LLP on 9/29/2022

President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions...more

A First! President Hones Government’s Foreign Investment Review

Bass, Berry & Sims PLC on 9/28/2022

On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United...more

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

Latham & Watkins LLP on 9/27/2022

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

Raising the Bar? Biden Administration Adds New Evaluation Criteria to CFIUS Reviews

Faegre Drinker Biddle & Reath LLP on 9/26/2022

On September 15, 2022, President Biden signed an Executive Order (EO) directing the Committee on Foreign Investment in the United States (CFIUS or the Committee) to specifically consider certain factors when reviewing the...more

Biden Administration Significantly Expands CFIUS National Security Factors

Cozen O'Connor on 9/23/2022

On September 15, 2022, President Biden signed an Executive Order (EO), which connects the work carried out by the Committee on Foreign Investment in the United States (CFIUS or the Committee) to the Administration’s national...more

Biden Administration Releases Unprecedented CFIUS Executive Order and Expected to Impose Export Controls Around Semiconductors:...

Fenwick & West LLP on 9/22/2022

CFIUS Executive Order Highlights Current Concerns Over Wide Range of Foreign Investments - On September 15, 2022, President Biden issued an Executive Order (“EO”) on the interagency Committee on Foreign Investment in the...more

President Biden Executive Order Signal to Industry of CFIUS’s Importance, Without Process Changes

Paul Hastings LLP on 9/22/2022

On September 15, 2022, President Biden issued an Executive Order regarding the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”)....more

New Presidential Executive Order on National Security Factors for CFIUS

Orrick, Herrington & Sutcliffe LLP on 9/21/2022

The President has issued the first executive order providing formal direction to the Committee on Foreign Investment in the United States (“CFIUS”) on the risks that it should consider in its examination of foreign investment...more

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