On September 18, 2024, the Consumer Product Safety Commission (CPSC) unanimously approved a new mandatory standard for nursing pillows designed to address risks presented by suffocation, entrapment, and fall hazards...more
The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more
With an eye towards preserving and expanding the gatekeeper role in national security, the Committee on Foreign Investment in the United States (CFIUS) has issued proposed rules to strengthen enforcement....more
What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more
In July 2023, the Committee on Foreign Investment in the United States (CFIUS or the “Committee”) released its Annual Report to Congress covering calendar year 2022. Although the Report’s data lags a bit, given we are eight...more
On January 30, President Biden announced his intention to end the COVID-19 National Emergency (NE) and Public Health Emergency (PHE) effective May 11, 2023. Both emergency declarations resulted in various forms of relief for...more
The first step in requesting an inter partes review (IPR) of a granted patent is the filing of a petition before the Patent Trial and Appeal Board (PTAB), in which the petitioner states the grounds for the invalidity of the...more
We are continuing to see strong interest in basic facts about CFIUS. One reason is increased CFIUS enforcement of its authorities. Another is news coverage of Chinese investment in U.S. critical technology and companies...more
US businesses that manufacture or are involved with critical technologies should consider whether they need an export license under the final CFIUS mandatory declaration requirements, effective October 15, 2020....more
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
The U.S. Department of the Treasury published a Final Rule (the Rule) on September 15, 2020, revising provisions in the regulations of the Committee on Foreign Investment in the United States (CFIUS) that implement section...more
The Committee on Foreign Investment in the United States’ proposed changes to the mandatory declaration program would expand the potential industries affected by the mandatory declaration requirements, but also narrow the...more
There have been several recent developments related to the Committee on Foreign Investment in the United States (CFIUS). Most notably, CFIUS has released a proposed rule that would change the mandatory filing criteria for...more
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
On May 21, 2020, the Treasury Department published a Proposed Rule that would alter the Committee on Foreign Investment in the United States (“CFIUS”) regulations at 31 C.F.R. Part 800 in two important respects. First, the...more
On May 21, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that more directly links mandatory filing obligations with export control...more
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
Treasury has proposed rules that would modify provisions in the regulations of the Committee on Foreign Investment in the United States, or CFIUS, that implement the Foreign Investment Risk Review Modernization Act of 2018,...more
On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more
On January 17, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) published two new rules that will greatly expand the scope of minority investments by foreign persons in U.S. businesses that are subject...more
A Summary and a Business Decision-Maker's Chart for the Path Forward - On January 13, 2020, the U.S. Department of the Treasury issued final rules fully implementing the new powers granted to the Committee on Foreign...more
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
On 17 September 2019 the U.S. Department of the Treasury announced proposed regulations to "comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)." ...more
Although the U.S. M&A market has remained relatively strong by historical standards so far in 2019, activity has softened compared to the higher levels in 2017 and 2018, continuing a trend that began in the second half of...more
The Situation: Certain controlling and non-controlling investments by foreign persons in the United States require a mandatory notification to the Committee on Foreign Investment in the United States ("CFIUS"). The...more