News & Analysis as of

National Security FIRRMA Federal Pilot Programs

Morgan Lewis

CFIUS Concerns in Life Science Investment and Venture Capital Transactions

Morgan Lewis on

There has been a significant increase in cross-border investment (FDI) in the US life sciences industry, including both medtech and biopharmaceutical companies. Determining if life sciences companies, particularly those in...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Releases 2019 Annual Report to Congress

On July 30, 2020, the Committee on Foreign Investment in the United States (CFIUS or the Committee) released its annual report to Congress for calendar year 2019. CFIUS, an interagency committee led by the U.S. Department of...more

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

King & Spalding

CFIUS Finalizes Rules Reforming Foreign Investment Reviews

King & Spalding on

On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became...more

Holland & Knight LLP

New CFIUS Regulations Finally Take Effect

Holland & Knight LLP on

After a few years of debating and making into law, the Committee on Foreign Investment in the U.S. (CFIUS) regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) took effect on Feb. 13,...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

Miller Canfield

CFIUS Review Authority Expands

Miller Canfield on

New U.S. Treasury rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review foreign direct investment in the United States take effect on Feb. 13. Our summary of the new...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

K&L Gates LLP

Treasury Issues Final Regulations Revamping CFIUS Authority

K&L Gates LLP on

On January 13, 2020, the U.S. Department of the Treasury (“Treasury”) published two final rules (“Final Rules,” found here and here) that implement most of the remaining provisions of the Foreign Investment Risk Review...more

McDermott Will & Emery

Final Rules Issued on Reviews of Foreign Investments in the United States – CFIUS

McDermott Will & Emery on

The US Treasury Department published final regulations to implement FIRRMA, which greatly expanded the scope of CFIUS to review foreign investments in US businesses. The new rules clarify and revise proposed regulations...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ First Full Year Under FIRRMA

The achievement of legislative consensus in 2018 around a preferred approach to safeguarding U.S. technology and information from national security threats via foreign investment resulted in passage of the Foreign Investment...more

Latham & Watkins LLP

Final CFIUS Regulations Implementing FIRRMA Take Effect in February 2020: 10 Key Questions Answered

Latham & Watkins LLP on

Under the final regulations, CFIUS filings for certain transactions will be required, and CFIUS will have broader jurisdiction to review certain foreign investments. On January 13, 2020, the US Treasury Department published...more

ArentFox Schiff

CFIUS 2.0: Treasury Unveils Final Regulations to Govern Expanded Foreign Investment Screening

ArentFox Schiff on

On January 13, 2020, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States (CFIUS), released the comprehensive final regulations to implement the Foreign Investment Risk Review...more

Morrison & Foerster LLP

Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced

The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in...more

A&O Shearman

Final CFIUS Regulations Implement Significant Changes by Broadening Jurisdiction and Updating Scope of Reviews

A&O Shearman on

The U.S. Department of the Treasury issued final regulations late yesterday that significantly expand the authorities of the Committee on Foreign Investment in the United States (CFIUS) to conduct national security reviews of...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

Proskauer Rose LLP

CFIUS Proposed Rules Target Critical Technology, Sensitive Personal Data and Real Estate

Proskauer Rose LLP on

On September 17, 2019, the Department of the Treasury issued long-awaited proposed rules implementing many of the provisions of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"), which substantially...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

A&O Shearman

M&A Watch: New Regulations Significantly Expand CFIUS Reach

A&O Shearman on

The Committee on Foreign Investment in the United States (CFIUS) last week added considerable teeth to its powers through draft regulations implementing key provisions of the Foreign Investment Risk Review Modernization Act...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

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ New Proposed Regulations

Dechert LLP on

On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued two proposed regulations (“Proposed Regulations”) to further...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

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