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Mergers Foreign Investment National Security

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

American Conference Institute (ACI)

Industry Responses to the U.S. Outbound Investment Regulatory Regime

The only thing truly certain about the proposed U.S. outbound investment regulatory regime is that a lot of uncertainty remains. But industry responses garnered during the comment period may, at least partly, foretell the...more

Hogan Lovells

FDI - A global perspective

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During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more

Hogan Lovells

Foreign Direct Investment (FDI) – Global Legal Guide

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The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

White & Case LLP on

Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

WilmerHale on

Following a series of public reports, the United States appears close to announcing a new regulatory process to scrutinize US “outbound” investment to countries presenting national security challenges. ...more

Morgan Lewis

Avoiding Past Mistakes in US Outbound Investment Regulation: Key Questions for Congress to Consider

Morgan Lewis on

This Insight outlines, at a high level, the prior US outbound investment regime, its structure, and some reasons for its ultimate demise. We discuss some useful lessons from the prior attempt and identify areas where...more

Cooley LLP

Cross-Border M&A: 10 Key Trends From Across the Pond

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It will come as no surprise that cross-border M&A is impacted by the world we live in, with geopolitical tensions, rising inflation and interest rates, currency fluctuations, and increased regulatory scrutiny all playing...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

Holland & Knight LLP

New Executive Order Creates Roadmap of Heightened CFIUS Scrutiny for Cross-Border M&A

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President Joe Biden signed an Executive Order (E.O.) on Sept. 15, 2022, clarifying and elaborating key U.S. industries and business sectors that should expect heightened regulatory scrutiny from the Committee on Foreign...more

Hogan Lovells

Green Means Go (subject to conditions): national security concerns with UK energy deal

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The UK Government has, for one of the very first times, used its new national security powers to intervene in respect of a transaction. This new intervention is in respect of the acquisition of asset development rights to an...more

Hogan Lovells

Second Annual Report on FDI Screening highlights importance of FDI in M&A transactions

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In its Second Annual Report on the screening of foreign direct investment (FDI) into the Union, the EU Commission takes stock of the FDI screening rules at both EU and Member State level. Today, 25 out of 27 Member States...more

Katten Muchin Rosenman LLP

The UK National Security and Investment Act – Guidance Notes

On 4 January 2022, the UK National Security and Investment Act 2021 (NSI Act) came into full force. As we previously noted, the NSI Act grants the UK government wide new powers to scrutinise and intervene in acquisitions and...more

Hogan Lovells

Italian Government’s "golden powers" of intervention in FDI now allows pre-filing of transactions

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Italian government’s so-called "golden powers" of intervention in foreign direct investments involving companies operating in sectors strategic for the national interest were originally introduced by Law Decree No. 21 of 15...more

K&L Gates LLP

The UK National Security Regime Wets Its Feet: UK Government Publishes New Guidance

K&L Gates LLP on

The National Security and Investment Act 2021 (NSI Act) came into force on 4 January 2022 and represented a brand new regime for the review of transactions with potential national security implications for the United Kingdom....more

Hogan Lovells

Regierungsentwurf zur Umsetzung der EU-Umwandlungsrichtlinie

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Die EU-Umwandlungsrichtlinie führt europaweit einheitliche Regelungen ein, die erstmals den grenzüberschreitenden Formwechsel und die grenzüberschreitende Spaltung zulassen und die Regelungen zur grenzüberschreitenden...more

HaystackID

[Webcast Transcript] CFIUS Compliance: Your Approach May Be A Matter of National Security

HaystackID on

Editor’s Note: On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. CFIUS is a U.S. government interagency committee with the...more

Torres Trade Law, PLLC

Torres Talks Trade Podcast Episode 7 on the Committee on Foreign Investment in the United States (CFIUS)

Torres Trade Law, PLLC on

This week’s episode discusses the Committee on Foreign Investment in the United States "CFIUS," the U.S. interagency body that reviews foreign investment for national security purposes. Host Olga Torres is joined by Albert...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more

Morgan Lewis

UK Government Publishes Its First Report on the UK’s Foreign Direct Investments Regime

Morgan Lewis on

The UK’s national security and investment regime came into effect on 4 January 2022. On 16 June, the UK government published its first report on the operation of the regime for the period between 4 January and 31 March...more

Morgan Lewis

FDI Screening Alert: Challenges for Sensitive Technology Deals in Germany and United Kingdom

Morgan Lewis on

Two major transactions have recently faced headwinds in Germany and the United Kingdom, jurisdictions traditionally perceived as investor friendly. Specifically, Taiwanese-based investor GlobalWafers Co. Ltd. failed to obtain...more

White & Case LLP

Cross-border deals face increased CFIUS scrutiny

White & Case LLP on

The signing of the Foreign Investment Risk Review Modernization Act (FIRRMA) into law in 2018 was the most significant update to CFIUS in more than a decade. For years leading up to the new legislation, there had been a...more

A&O Shearman

How are government national security probes affecting technology transactions across the world?

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The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more

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