Foreign Investment Controls: Are We Seeing a More Nuanced Approach to Private Equity?
The EU plans to step up controls on its home grown technology. That is the short version. The longer version is a (pretty dry) recitation of the proposed legislation and whitepapers that were published last week as the...more
On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more
中美贸易：敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies...more
Occasionally, on our blog, we allow ourselves to indulge in prognostication. Similarly, and also occasionally, we are wrong. Nevertheless, we hope to distinguish ourselves by our candor and admit our misses....more
From governments to companies, the world is increasingly concerned about Cross-Strait relations between China and Taiwan. Since the mid-1990s, China has grown more intent on reunification – both diplomatically and militarily...more
In this post, we describe the territorial sanctions imposed by Canada in relation to Ukrainian territory that has been annexed by Russia as well as other sanctions on Russian persons and on certain Ukrainians who have...more
As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S....more
On 8 September 2022, the French Ministry of Economy and Finance, in charge of approving foreign direct investments (FDI) into strategic sectors, issued its first guidelines, intended to make the process of FDI into France...more
On March 15, 2022, the U.S., UK, and EU announced new sanctions against various individuals and entities in connection with Russia’s invasion of Ukraine. The U.S. added certain human rights violators and senior Russian...more
For months, the Biden administration and the governments of U.S. allies around the world have raised concerns about Russian actions in the region. In the same breath, those governments have warned of massive, coordinated...more
On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more
The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) - The 17th Amendment Ordinance to the German Foreign Trade and Payments Ordinance (AWV) continues the long-standing trend towards more...more
Governments’ desire to control investments by businesses from purportedly hostile nations has led to more investments being stalled or blocked in recent years. Recent moves to tighten FDI screening rules during the COVID-19...more
Überblick über die wesentlichen Neuerungen durch die 10. GWB-Novelle Am 19. Januar 2021 sind die Änderungen der 10. GWB-Novelle in Kraft getreten. Die als „GWBDigitalisierungsgesetz“ bezeichnete Novelle bringt im Wesentlichen...more
The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more
Spanish foreign direct investment (FDI) regime set out in Law 19/20031 has just been amended by Royal Decree-Law 34/2020, of 17 November (RDL 34/2020), which enters into force on 19 November 2020. ...more
The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle - In Germany, the investment climate remains liberal in principle....more
The French Foreign Investments Control regime has recently been reinforced following a reform of 2019, and other measures have been adopted in view of the COVID-19 pandemic - Since 2014, the scope of the French Foreign...more
On September 30, 2020, SDNY Judge Alvin Hellerstein issued a decision of major significance for the digital token industry in Securities and Exchange Commission v. Kik Interactive, Inc. This is only the second federal court...more
The COVID-19 pandemic has changed most governments' views on the strategic relevance of the domestic healthcare sectors across the globe. Although the European Commission, and also the German government, have re-emphasized...more
A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct...more
INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant...more
Eversheds Sutherland is pleased to announce that it has published a paper—“DC Plans in the US and the UK: Lessons From Across the Pond”—which addresses the differences between defined contribution (DC) plans in the US and the...more
THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more