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National Security Acquisitions Cross-Border Transactions

BCLP

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

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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

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business — Episode 7: Trans-Pacific Business: Australia and the U.S. - Part 1

In this two-part episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s international initiative, is joined by Gadens partner John Kettle to discuss trans-pacific business expansion and doing business in...more

Morgan Lewis

Cross-Border Deal Due Diligence: Has the Risk Calculus Changed?

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Investors and targets generally view cross-border transactions from a risk-based perspective. That calculus applies not only to the manner in which an investment is made, but also to the level of diligence conducted, the...more

WilmerHale

Parameters of New US Outbound Investment Regime Begin to Emerge

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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

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 2021 and Trends for 2022

2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more

Dorsey & Whitney LLP

U.S. National Security Issues in Cross-Border Food, Beverage & Agribusiness Deals

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On October 28, 2021, a bipartisan group of U.S. Senators introduced the Food Security is National Security Act of 2021 (the “Act”). Among other things, the Act would require the Committee on Foreign Investment in the United...more

White & Case LLP

CFIUS set to continue careful scrutiny under Biden Administration

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President Joe Biden's approach to the national security risks posed by foreign-backed M&A may differ in style from his predecessor, but not in substance - Under the Biden administration, the Committee on Foreign Investment...more

Akin Gump Strauss Hauer & Feld LLP

Germany Further Tightens Rules on Foreign Direct Investment

Key Points - On April 27, 2021, the German government adopted the 17th Regulation for the Amendment of the German Foreign Trade Regulation (Außenwirtschaftsverordnung (AWV)). The regulation, which came into force on May...more

BCLP

UK National Security & Investment Bill - the Potential Ramifications for Real Estate Transactions

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The new National Security and Investment Bill, which aims to provide the Government with the necessary powers to scrutinise and intervene in business transactions to protect national security, will introduce a mandatory...more

White & Case LLP

M&A is top of mind: Will dealmakers actually double down in a downturn? Trade and national security policies create pent-up demand...

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Cross-border M&A remains a high priority—though trade wars and national security rules change the game for some - Appetite for cross-border deals remains high across countries. Seventy-six percent of respondents to our...more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Latham & Watkins LLP

CFIUS Annual Report: 10 Key Takeaways for Calendar Years 2016 and 2017

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The number of CFIUS notices filed is growing, more cases are extending into an investigation phase, and instances of pulling and refiling CFIUS notices are increasing. On November 22, 2019, the Committee on Foreign...more

American Conference Institute (ACI)

[Event] 5th National Conference on CFIUS & Team Telecom - April 24th-25th, 2019 Washington, D.C.

In this critical time of transition for dealmakers and foreign investment, we invite you to join your peers at American Conference Institute’s 5th National Forum on CFIUS & Team Telecom. Gain invaluable insights on...more

Bass, Berry & Sims PLC

CFIUS Pilot Program Creates New Obligations and Challenges

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• Mandatory declarations of certain transactions now required • Certain changes to pre-existing regulations also announced and effective immediately • Mandatory declaration requirement may not ease burden on parties...more

Bilzin Sumberg

Revisión de la seguridad nacional de las inversiones extranjeras para escalar

Bilzin Sumberg on

Con sus raíces en la Enmienda Exon-Florio a la Ley de Producción de Defensa, el Comité de Inversión Extranjera en los Estados Unidos (Committee on Foreign Investment in the United States, CFIUS), es un comité...more

Bilzin Sumberg

National Security Review of Foreign Investments to Escalate

Bilzin Sumberg on

With its roots in the Exon-Florio Amendment to the Defense Production Act, the Committee on Foreign Investment in the United States (CFIUS), is an inter-agency committee that reviews certain foreign investments in the United...more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: Inadvertent “Foreign Person” Status

Hundreds of American companies may have inadvertently become “foreign persons” for CFIUS purposes, at risk of being caught up in the Trump Administration’s restrictions on foreign investment. Many people know that the...more

Dechert LLP

House of Representatives Passes CFIUS Reform as the Trump Administration Reiterates its Support

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The U.S. House of Representatives (the House) on June 26, 2018, passed legislation designed to reform and strengthen the authority of the Committee on Foreign Investment in the United States (CFIUS or the Committee), the...more

Dechert LLP

The Coming Storm? CFIUS Reform and Considerations for Private Equity

Dechert LLP on

As the United States Congress debates new legislation to strengthen reviews of cross-border transactions for potential national security concerns, the Committee on Foreign Investment in the United States (CFIUS or the...more

Cooley LLP

Alert: M&A Guide to CFIUS: Deciding Whether to Submit Voluntarily to CFIUS Review

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As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the...more

Jones Day

CFIUS: Evolution Yields to Revolution

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While 2017 was an evolutionary year for the Committee on Foreign Investment in the United States ("CFIUS"), 2018 portends to be a revolutionary year. A number of factors, including a new President, growing concerns over...more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS and China: Separating Fact from Fiction

No, the Committee on Foreign Investment in the United States has not put a halt to acquisitions of U.S. companies by China-based purchasers. Three recently cleared transactions illustrate that CFIUS is not standing in the...more

Bass, Berry & Sims PLC

CFIUS Continues Focus on Information Security, Blocks Chinese Acquisition of MoneyGram

Bass, Berry & Sims PLC on

- MoneyGram and Ant Financial mutually terminate $1.2 billion proposed merger - CFIUS’s concerns focused on cyber and information security - Scrutiny of buyers’ information security processes is likely to increase On...more

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