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National Security Cross-Border Transactions Federal Pilot Programs

Latham & Watkins LLP

CFIUS Annual Report: 6 Key Takeaways for Calendar Year 2018

Latham & Watkins LLP on

CFIUS continued to have a busy year in 2018, and CFIUS reveals first available data about the declaration process under the new Pilot Program. On May 16, 2020, the Committee on Foreign Investment in the United States...more

Perkins Coie

FIRRMA Regulations Finalized

Perkins Coie on

The Committee on Foreign Investment in the United States (CFIUS) published two final rules on January 17, 2019, to implement the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018. The first...more

Sheppard Mullin Richter & Hampton LLP

From CFIUS, With Love: The FIRRMA Regulations

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more

Wilson Sonsini Goodrich & Rosati

What Technology Businesses and Investors Should Know About the New CFIUS Rules

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

Hogan Lovells

CFIUS annual report highlights spike in filings and scrutiny of Chinese investments

Hogan Lovells on

The Committee on Foreign Investment in the United States (CFIUS or the committee), a U.S. government interagency committee that conducts national security reviews of foreign investments, has released its annual report for...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Jones Day

Facing FIRRMA: Proposed Regulations Expand Scope of CFIUS National Security Review Process

Jones Day on

The Situation: The U.S. Department of the Treasury ("Treasury") proposed regulations that expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") to review foreign...more

Latham & Watkins LLP

US Treasury Department Publishes Proposed Regulations to Implement FIRRMA: 10 Key Questions Answered

Latham & Watkins LLP on

CFIUS has offered a one-month comment period for proposed rulemaking to implement provisions of CFIUS legislation passed in August 2018. More than a year ago, in August 2018, US President Donald Trump signed the Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

Draft CFIUS Regulations Portend Evolution, Not Revolution

On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more

Eversheds Sutherland (US) LLP

Expanding the National Security review of foreign investments - Long-awaited regulations provide definitions, exceptions and some...

The Committee on Foreign Investment in the United States (“CFIUS”) has now released for public comment its long awaited proposed regulations (“Proposed Regulations”) to implement the landmark Foreign Investment Risk Review...more

Cadwalader, Wickersham & Taft LLP

CFIUS Unbound: Foreign Investor Deals Continue to Draw Intense National Security Scrutiny

The national security implications of corporate deals involving foreign investors continues to be a headline-grabbing topic, now more than ever as the United States engages in heated trade negotiations with China amidst...more

A&O Shearman

CFIUS Update: Regulations Require Mandatory Filings for Certain Critical Technologies; Process Of Identifying Emerging...

A&O Shearman on

When it was enacted in August 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) overhauled the US law governing CFIUS national security reviews for the first time in 11 years. Many of FIRRMA’s most...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS in the Face of a Prolonged Government Shutdown: What It Means for Deals

As has been widely reported, the U.S. federal government partially shut down at midnight on December 22, 2018. While the shutdown continues to impact numerous government agencies and related constituencies, a key shutdown for...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: CFIUS and FIRRMA: What You Need to Know

In this episode, Akin Gump international trade partners Tatman Savio and Christian Davis discuss the Committee on Foreign Investment in the U.S. (CFIUS) and how the new Foreign Investment Risk Review Modernization Act...more

Bass, Berry & Sims PLC

CFIUS Pilot Program Creates New Obligations and Challenges

Bass, Berry & Sims PLC on

• 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

Proskauer Rose LLP

Foreign Investment Review Under CFIUS Expands With New Legislation

Proskauer Rose LLP on

Pilot Program Mandatory Filing Requirement – Private Investment Fund Considerations - The potential for national security review of foreign investment in the U.S. has been around for 30 years since the 1988 enactment of...more

Hogan Lovells

Foreign fund investments in US critical technologies potentially subject to mandatory CFIUS filings

Hogan Lovells on

The Department of the Treasury recently released interim rules establishing a pilot program under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that mandates filings for foreign investments in certain...more

Dorsey & Whitney LLP

CFIUS Announces Pilot Program: Mandatory Declaration Filings in Connection with Certain Transactions

Dorsey & Whitney LLP on

A little more than two months after the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) was signed into law, the United States Department of the Treasury (has invoked its new authority under the FIRRMA to...more

Wilson Sonsini Goodrich & Rosati

Five Questions to Determine If You Have a CFIUS Filing Requirement

As of November 10, 2018, foreign investors making acquisitions and equity investments into many U.S. businesses will be required to file their investments with the Committee on Foreign Investment in the United States (CFIUS)...more

Latham & Watkins LLP

CFIUS Pilot Program Makes Notifications Mandatory for Specific Areas of Critical Technology

Latham & Watkins LLP on

Program requires parties to submit to CFIUS notice of certain foreign investments in US businesses involved in specified critical technologies at least 45 days prior to closing. Key Points: ..The US Treasury Department...more

Eversheds Sutherland (US) LLP

CFIUS mandates filings for range of foreign investments in critical technology companies

Earlier than expected, the Committee on Foreign Investment in the United States (CFIUS) has announced new interim rules—effective November 10, 2018, pursuant to the recently enacted Foreign Investment Risk Reduction...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Pilot Program Expands Jurisdiction and Imposes Mandatory Reporting on Certain Industries

• On October 10, 2018, CFIUS announced a pilot program that implements significant provisions of FIRRMA. The program becomes effective November 10, 2018. • Under the program, CFIUS jurisdiction will be expanded to cover...more

Sheppard Mullin Richter & Hampton LLP

FIRRMA Takes Form as CFIUS Enacts a New Pilot Program Targeting “Critical Technologies”

• On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is...more

Stinson - Corporate & Securities Law Blog

Treasury Releases Interim Regulations for FIRRMA Pilot Program

The U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), yesterday issued temporary regulations in connection with the Foreign Investment Risk Review Modernization Act...more

Akin Gump Strauss Hauer & Feld LLP

The CFIUS Reform Legislation—FIRRMA—Will Become Law on August 13, 2018

CFIUS will continue to have broad jurisdiction to conduct national security reviews of foreign investments that could result in foreign control of a U.S. business. When regulations implementing FIRRMA become effective within...more

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