News & Analysis as of

FIRRMA Trump Administration

Dechert LLP

Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg

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Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more

Dechert LLP

CFIUS Finalizes Changes to Mandatory Declaration Regulations

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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

White & Case LLP

CFIUS Annual Report for 2019 Shows Key Trends; TikTok Faces CFIUS Review and, Together with WeChat, Other US Restrictions

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In late July, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report for 2019, providing insight into recent CFIUS trends. This included encouraging results on CFIUS outcomes for...more

Sheppard Mullin Richter & Hampton LLP

National Security Meets Teenage Dance Battles: Trump Issues Executive Orders Impacting TikTok and WeChat Business in the U.S.

On August 6, 2020, Trump issued two separate executive orders that will severely restrict TikTok and WeChat’s business in the United States. For weeks, the media has reported on Trump’s desire to “ban” TikTok with speculation...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — Well I Do Declare: Mandatory Declarations Everywhere

On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule that removes a restriction formerly in the...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — CFIUS Scrutiny in Biotech: The Ekso Case and the Eye of the Terminator

Robotic exoskeletons may augment human strength, endurance, and mobility. The latest CFIUS action has all the makings of a Terminator movie. This month, the Committee on Foreign Investment in the United States (“CFIUS”)...more

Dechert LLP

CFIUS Publishes Proposed Rule to Change Mandatory Declaration Requirements

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

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Continues Active 2020 With Proposed Rule Modifying Mandatory Declarations

Since the beginning of 2020, the U.S. Department of the Treasury (Treasury) has issued numerous regulations to implement fully the Foreign Risk Review Modernization Act of 2018 (FIRRMA) on behalf of the Committee on Foreign...more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

Williams Mullen

CFIUS Requirements Expanded Under New Regulations; President Orders Yet Another CFIUS Divestiture

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CFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process. In addition, President Trump has ordered another divestiture of a Chinese acquisition of a U.S....more

K&L Gates LLP

Recent Actions By CFIUS Underscore Importance of Review Process

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Earlier this month, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) took two noteworthy actions that underscore the Committee’s powerful role in reviewing foreign direct investment and...more

Orrick, Herrington & Sutcliffe LLP

President Trump Orders Divestment of U.S. Company; CFIUS Clears Semiconductor Transaction

It has been an active last week in the world of the Committee on Foreign Investment in the United States (“CFIUS”). In addition to CFIUS’s publication of proposed regulations that would impose filing fees for parties’...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Cadwalader, Wickersham & Taft LLP

Final Regulations on Expanded Authority of CFIUS to Review Foreign Investor Transactions Go into Effect

Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”) which broadened the power of the Committee on Foreign Investment in the United States (“CFIUS”) to review foreign...more

Fox Rothschild LLP

New Foreign Investment Restrictions In Tech, Infrastructure And Data

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Starting Feb. 13, 2020, U.S. companies in tech, infrastructure and data seeking minority or controlling foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ First Full Year Under FIRRMA

The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more

Goulston & Storrs PC

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

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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

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

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Most deals are approved, but the landscape is becoming increasingly complex, as more types of transactions are subject to review and some filings are mandatory. The Committee on Foreign Investment in the United States...more

Fox Rothschild LLP

New Foreign Investment Restrictions on the Horizon in Tech, Infrastructure and Data

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U.S. companies in tech, infrastructure and data seeking foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before closing certain transactions. Last year, President...more

Eversheds Sutherland (US) LLP

Expanding the National Security review of foreign investments - Long-awaited regulations provide definitions, exceptions and some...

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more

Carlton Fields

FIRRMA Impact on Real Estate Transactions

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The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) now specifically brings real estate transactions directly under the jurisdiction and review of the Committee on Foreign Investment in the United States...more

White & Case LLP

Defying gravity: US M&A H1 2019: A break in the clouds: M&A in the first half of 2019

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The US M&A market delivered a surprisingly robust first half, with total value rising 9 percent year-on-year. Volume, on the other hand, dipped 21 percent. Defying all odds, US M&A value rose in the first half of 2019....more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

Hogan Lovells

ADG Insights | U.S. National Security Developments Regarding China

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With or without a trade deal, national security concerns regarding China are here to stay - Since President Trump took office, the U.S.-China trade relationship has been at the center of the administration’s foreign...more

White & Case LLP

US Targets Telecommunications Transactions Involving the Information and Communications Technology and Services Supply Chain

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On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...more

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