News & Analysis as of

Personal Data Committee on Foreign Investment in the United States

Seward & Kissel LLP

Not the Rite Stuff, Private Eyes, and Inquiring Minds

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Rite Aid bankruptcy update: report says pharmacy chain may be facing insolvency as businesses close | Fast Company - Having previously filed for bankruptcy in 2023, Rite Aid is now preparing to file a second bankruptcy...more

Goodwin

Life Sciences Companies Must Navigate the DOJ Data Rule

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Life sciences companies have long been outside the scope of US national security regulations and benefited from significant exemptions under US privacy laws. ...more

Orrick, Herrington & Sutcliffe LLP

DOJ Seeks to Restrict Data Transfers to ‘Countries of Concern’

The Department of Justice (DOJ) has proposed a significant restriction on cross-border transfers of sensitive personal data to designated “countries of concern.” The goal is to address national security risks posed by...more

Eversheds Sutherland (US) LLP

DOJ cracks down on data transfers

Proposed rule would create new prohibitions on transactions of sensitive personal data and government-related data - The Department of Justice (DOJ) has proposed a new rule aimed at preventing access of China and other...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - April 2024

Ford Motor Company Agrees to $365M Settlement for Attempted Tariff Engineering Ford has agreed to settle the long-standing dispute over the tariff classification of vans imported from 2009 to 2013. At the time, Customs and...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

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In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

Morgan Lewis

Another Brick in the Wall: Regulatory Regime Established to Protect US Sensitive Personal Data From ‘Countries of Concern’

Morgan Lewis on

In a significant move to safeguard sensitive personal data of US persons, President Joseph Biden issued an executive order (EO) titled Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

Latham & Watkins LLP on

President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Morgan Lewis

Could Sensitive Personal Data Become Export Controlled?

Morgan Lewis on

Five US senators recently introduced legislation that would amend US export control laws to protect sensitive personal data. The bipartisan bill, titled the Protecting Americans’ Data from Foreign Surveillance Act of 2022,...more

StoneTurn

CFIUS: Three Trends to Know

StoneTurn on

Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

American Conference Institute (ACI)

[Event] 2nd National Forum on Team Telecom - April 25th, Washington, DC

Gain critical strategies for managing reviews in the new Team Telecom environment. The American Conference Institute’s 2nd National Team Telecom Conference will take place in Washington D.C. on April 25, 2022, one day...more

Blank Rome LLP

Privacy & Cybersecurity Developments

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STATE AND LOCAL LAWS AND REGULATION - Virginia Consumer Data Protection Act Work Group Issues Final Report - The Virginia Consumer Data Protection Act Work Group (“Work Group”) released its final report. The Virginia...more

K2 Integrity

CFIUS Publishes its 2020 Annual Report

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The 2020 unclassified report published by the Committee on Foreign Investment in the United States (“CFIUS”) provides investors with information regarding the approval rate for the streamlined declarations review process and...more

Holland & Knight LLP

Biden Signs Executive Order to Protect Personal Data from Foreign Adversaries

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The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more

Womble Bond Dickinson

Schrems II, Reverse Schrems, and Schrems with a Half-Twist from the Pike Position

Womble Bond Dickinson on

Just when you thought it was safe to send your data across the water, the distinctive dorsal fin of Schrems II breaks the surface. The EU, who can barely be convinced that the UK’s data privacy law is “adequate” despite...more

K2 Integrity

CFIUS: Questions for the Biden Administration

K2 Integrity on

The Committee on Foreign Investment in the United States (CFIUS) can be expected to maintain America’s traditional open investment posture consistent with the robust protection of U.S. national security interests....more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Reviewing Comments on Interim Final ICTS Rule

Key Points - On January 19, 2021, the U.S. Commerce Department published an interim final rule (IFR) to implement Executive Order 13873 of May 15, 2019, on “Securing the Information and Communications Technology and...more

ArentFox Schiff

US Export Controls: Business as Usual?

ArentFox Schiff on

Turning to the business of exports from the United States, the next section is a must-read for any company doing business in the United States or from the United States. Or for that matter, any company competing with affected...more

ArentFox Schiff

CFIUS 2.0: Mandatory Filings Now Pegged to Export Control Rules

ArentFox Schiff on

The Committee on Foreign Investment in the United States (CFIUS) is now following new rules on mandatory filings for certain foreign investments in critical technology companies. As a refresher, CFIUS is the US Government’s...more

Baker Donelson

CFIUS Update: Expanded Emphasis on U.S. Export Control Regulations

Baker Donelson on

The Committee on Foreign Investment in the United States (CFIUS or the Committee), an inter-agency government body tasked with reviewing certain types of foreign direct investment in the United States for national security...more

Sheppard Mullin Richter & Hampton LLP

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: National Security Meets Teenage Dance Battles: U.S. Increases Pressure on ByteDance Sale of TikTok

The Takeaway: Severe restrictions on ByteDance’s Sale of TikTok should be a warning to media and tech companies with foreign ownership, particularly Chinese investment, to know your risks and mitigate them before the...more

Pillsbury - Global Trade & Sanctions Law

CFIUS and Critical Technologies: Implications for the Biotechnology and Life Sciences Sector

The COVID-19 pandemic has generated a renewed focus on biotechnology and life sciences companies. Non-U.S. investors need to be aware of the potential that the Committee on Foreign Investment in the United States (CFIUS) may...more

K2 Integrity

A Guide to Cybersecurity to Address CFIUS Considerations

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Investors and deal makers are taking note: The Committee on Foreign Investment in the United States (CFIUS, or the Committee) will focus on foreign investment in U.S. businesses that could lead to cybersecurity...more

McDermott Will & Emery

Spotlight on Sensitive Personal Data as Foreign Investment Rules Take Force

McDermott Will & Emery on

New CFIUS rules—which took effect February 13, 2020—underscore the need for privacy diligence in deals involving foreign investments and signal a larger trend toward heightened regulatory scrutiny of foreign access to...more

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