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National Security Foreign Acquisitions Trump Administration

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the Seventh Circuit's ruling finding standing for an Illinois Biometric Information Privacy Act claim, the European Data Protection Board's updated...more

Hogan Lovells

Bill Introduced to Block Chinese Acquisitions During COVID-19 Pandemic

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Representative Jim Banks introduced a bill on 5 May 2020 to “place temporary restrictions on acquisitions [of U.S. companies] by the People’s Republic of China. . .” during the COVID-19 pandemic. ...more

White & Case LLP

President Trump Issues Executive Order on Securing the United States Bulk-Power System

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On May 1, 2020, President Trump issued an Executive Order prohibiting the acquisition, importation, transfer, or installation of certain “bulk-power system electric equipment” where the transaction involves property in which...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus on Foreign Access to Technology and Data Continues as CFIUS — and Others — Flex National Security Muscles

With strengthened legislative mandates and significant regulatory reform in place, the U.S. government’s national security focus on protecting sensitive technology and data continues to gather steam. Although exactly what...more

Pillsbury - Global Trade & Sanctions Law

CFIUS Update: Chinese Company Ordered to Divest Acquisition of U.S. Hotel Software Company

On March 6, 2020, President Trump issued an Executive Order (“EO”) instructing the Chinese company Beijing Shiji Information Technology Co., Ltd. (“Shiji”) to divest its acquisition of StayNTouch, Inc., a U.S.-based software...more

White & Case LLP

CFIUS Update: Treasury Proposes CFIUS Filing Fees & President Trump Blocks Another Transaction

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The regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly expanded the jurisdiction and authorities of the Committee on Foreign Investment in the United States...more

Fox Rothschild LLP

New Foreign Investment Restrictions In Tech, Infrastructure And Data

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Starting Feb. 13, 2020, U.S. companies in tech, infrastructure and data seeking minority or controlling foreign investment will require approval from the Committee on Foreign Investment in the United States (CFIUS) before...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

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: United States

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Takes Steps To Thwart Use of Information and Communications Technology and Services Associated With Foreign...

On November 27, 2019, the U.S. Department of Commerce (Commerce) published a proposed rule that would establish a new and especially broad power for the U.S. government to review and potentially block or unwind transactions...more

Akin Gump Strauss Hauer & Feld LLP

Commerce Issues Proposed Rule Implementing “Supply Chain Executive Order”

Key Points - On November 26, 2019, the U.S. Department of Commerce (“Commerce”) issued a proposed rule to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

Hogan Lovells

CFIUS Reviews And The Effect On Bankruptcy 363 Sales

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The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee established in 1975 that oversees foreign investment in the U.S. economy. In 1988 CFIUS granted the Executive Office of the...more

Hogan Lovells

ADG Insights | U.S. National Security Developments Regarding China

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With or without a trade deal, national security concerns regarding China are here to stay - Since President Trump took office, the U.S.-China trade relationship has been at the center of the administration’s foreign...more

Poyner Spruill LLP

Data Not Dating: Trump Administration Reversal of Merger Signals National Security Implications of Data

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Amidst the thicket of federal regulators that populate Washington is the obscure Committee on Foreign Investment in the United States (CFIUS). Founded on the eve of World War II, CFIUS is an inter-agency task force. Its...more

White & Case LLP

US Targets Telecommunications Transactions Involving the Information and Communications Technology and Services Supply Chain

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On May 15, 2019, President Trump issued an executive order (EO), "Executive Order on Securing the Information and Communications Technology and Services Supply Chain," prohibiting certain transactions involving...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

Hogan Lovells

Government shutdown affects antitrust and CFIUS reviews of transactions

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After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency...more

Wilson Sonsini Goodrich & Rosati

CFIUS Past, Present, and Future: A 2018 CFIUS Carol

CFIUS Past, Present, and Future: A 2018 CFIUS Carol - The year 2018 was a turning point in the history of the Committee on Foreign Investment in the United States (CFIUS). CFIUS’s change in direction in 2017 suggested that a...more

Snell & Wilmer

CFIUS Expansion Brings Federal Review to Real Estate

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On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more

Skadden, Arps, Slate, Meagher & Flom LLP

Governance Implications of CFIUS Reform for US Investment Funds With Foreign Investors

In August 2018, President Donald Trump signed the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which significantly reformed national security reviews by the Committee on Foreign Investment in the United...more

Pillsbury Winthrop Shaw Pittman LLP

CFIUS: China Deals That Can Still Be Done

The Trump Administration is making China deals more difficult. But business has to get done, and companies are finding ways to make progress even under the new CFIUS rules. China deals are harder to do under the Trump...more

Dechert LLP

Treasury Department Releases Interim Rules and a Pilot Program Implementing Aspects of New Foreign Investment Reviews by CFIUS

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The U.S. Department of the Treasury (“Treasury”) published two sets of interim rules on October 10, 2018, implementing certain provisions of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). In addition to...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

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

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