News & Analysis as of

Foreign Investment

German National Security Review of M&A Transactions – New Checkpoints for Acquirers from the United States, China, Japan, and...

by K&L Gates LLP on

With the 9th amendment of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) (“FTAPO”) adopted on 18 July 2017, the German Federal Government has specified and extended its powers to review and...more

The Future of CFIUS: Perhaps Not So Happy a New Year

‘Tis the season to wonder, what will 2018 bring? We may speculate on things like a private company making a moon landing or a peace accord with North Korea. We may be certain of things like well-intentioned gym memberships...more

The Waiting Game: When, Why, and How to File with CFIUS in a New Era of Investment Scrutiny

The other day I spoke to a colleague at the U.S. Department of the Treasury who works in the Office of Investment Security and said, “I heard CFIUS filings were going to break last year’s record total.” He just laughed. He...more

Saudi Arabia Update – November and December 2017

by Dentons on

Legal developments - Saudi Arabia anti-corruption drive and protection of corporates - In the wake of Saudi Arabia’s headline-grabbing anti-corruption drive in November, Crown Prince Mohammed bin Salman instructed the...more

Court Of Chancery Explains Conspiracy Jurisdiction

by Morris James LLP on

Perry v. Neupert, C.A. 2017-0290-VCL (December 6, 2017) - The conspiracy theory of jurisdiction developed in the Istituto Bancario decision is often misunderstood, for good reasons....more

EB-5 Immigrant Investor Program: Following Extension, Next Decision Looms

by Polsinelli on

As part of the two-week spending bill that avoids a government shutdown, the Immigrant Investor Program known as EB-5 is extended unchanged through Dec. 22. Without much buzz on Capitol Hill to suggest the imminent release of...more

Sport Now: DLA Piper's Media, Sport and Entertainment sector magazine

by DLA Piper on

We've collated articles from a wide variety of countries to provide you with an overview of what's pertinent in the sector in your country and to show how this compares to sector in other parts of the world. This edition...more

Energy and infrastructure project bankability in Africa: making the right choices

by DLA Piper on

During Africa Week, and in association with FTI Consulting Inc., and along with many friends and associates, we explored the myriad of factors influencing investment decisions in energy and infrastructure project success in...more

Foreign Investments Made before 9 January 2013 Will Soon No Longer Benefit from the Protection Standards Afforded by the...

by K&L Gates LLP on

The bilateral treaty between the Republic of Poland and the Republic of Italy on the promotion and protection of investments signed in Warsaw on 10 May 1989 (the “Polish-Italian BIT”) expired on 9 January 2013. However,...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

Proposed UK Real Estate Tax Regime Targets Offshore Investors' Capital Gains

by Jones Day on

The Situation: Historically, the United Kingdom has not taxed capital gains on real estate disposals when the seller was not a UK resident. The Development: Coming into line with most of the world's jurisdictions, the UK...more

How House Joint Resolution 123 Impacts EB-5

by Cozen O'Connor on

On Friday, December 8, 2017, President Trump signed House Joint Resolution 123, the “Continuing Appropriations Act”, which prevented a U.S. federal government shutdown. The Act provided a short-term extension which will keep...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

International Entrepreneur Parole (IEP): NVCA Wins Case Challenging Delay

by Mintz Levin on

On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the...more

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

Sweeping Implications for CFIUS Reform: Bipartisan FIRRMA Legislation Gains Traction

by Baker Donelson on

As President Trump met with Chinese President Xi Jinping on November 9 at the Great Hall of the People in Beijing, he surprised many by giving China "great credit" for "taking advantage of" the United States on key...more

EB-5 Regional Center Alert: USCIS Annual Certification Submission Deadline Quickly Approaching

The Norris McLaughlin & Marcus Immigration Practice Group reminds all EB-5 Regional Centers that the annual regional center certification submission deadline for 2017 is December 29. United States Citizenship & Immigration...more

Overseas investment by Chinese enterprises should pay attention to the risk of the U.S. Foreign Corrupt Practices Act

by Morgan Lewis on

With the deepening of global economic integration, more and more Chinese enterprises go abroad to participate in local investment and economic construction. Among them, as an important part of the national economy, Chinese...more

Congress Proposes Increased Scrutiny on Foreign Investments in the U.S.

by Kelley Drye & Warren LLP on

A bipartisan group of co-sponsors in both the House and the Senate recently introduced the Foreign Investment Risk Review Modernization Act (“FIRRMA”). These substantively identical bills demonstrate that Congress is now...more

The Government's New Directive to the OIO

by DLA Piper on

New directive letter - The Associate Finance Minister and the Minister for Land have issued a new directive letter under the Overseas Investment Act 2005 (OIA), directing the Overseas Investment Office (OIO) as to the...more

The U.S. Congress intends to make a comprehensive revision of the foreign investment review

by Morrison & Foerster LLP on

On November 8, bipartisan lawmakers in both houses of the United States and the United Democrats proposed a new act aiming to make major revisions to the current review of the laws applicable to the U.S. Foreign Investment...more

Currents - Energy Industry Insights - November 2017 #3

EPA Hosts Public Hearing in Charleston on Clean Power Plan - "Those who favored repeal cited coal jobs and economic concerns, saying they fear if the plan were implemented, it would negatively affect coal jobs and along...more

Red Notice Newsletter - November 2017

ANTICORRUPTION DEVELOPMENTS – SBM Offshore N.V. Agrees to Pay $238 Million to Resolve DOJ FCPA Enforcement Action - On November 29, 2017, SBM Offshore N.V. (SBM), a Netherlands based company specializing in the...more

National security reviews 2017: A global perspective — Finland

by White & Case LLP on

Deals are generally not blocked in Finland - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization and competitiveness. Deals are only restricted when they meet very...more

African Resilience! Private equity in Africa proves its mettle

by Hogan Lovells on

Despite numerous economic, political and regulatory challenges faced by investors, private equity in South Africa appears to continue to deliver long-term sustainable returns for its stakeholders as it outperformed ALSI TRI,...more

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