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  • Article

    BIS To Host Brain-Computer Interface Conference – Feb. 16 & 17, 2023

    The Department of Commerce's Bureau of Industry and Security ("BIS") recently announced a two-day hybrid conference later this month on brain-computer interface ("BCI") technology.
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    CFIUS Publishes Final Rule Refining Mandatory Filing Requirements By Tying Critical Technologies Solely To Export Control Authorizations

    The final rule is the latest in CFIUS' rulemaking to implement the Foreign Investment Risk Review Modernization Act of 2018, known as "FIRRMA."
    United StatesInternational Law
    Mayer Brown
Mayer Brown
  • Article

    French Insider Podcast Episode 1: What Businesses Should Know About International Trade Policies Under The New Administration With Reid Whitten

    After four years of an "America First" trade approach, the new Biden administration is looking to rebalance U.S. trade policies and rebuild international relationships.
    United StatesInternational Law
    Sheppard
    Sheppard
  • Article

    International Trade 2023 Year In Review And Predictions For 2024

    Geopolitical tensions and disruptions to the global market have continued to rise in recent years. It should come as no surprise, then, that 2023 saw the rollout of several new trade...
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    Key Takeaways From The Annual ACI CFIUS Conference

    ACI held its annual CFIUS conference from April 27 to 28 in Washington, D.C., bringing together practitioners and government officials to discuss a range of CFIUS topics.
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    New Executive Order Clarifies CFIUS Review Criteria

    On September 15, President Biden signed an Executive Order clarifying the factors that the Committee on Foreign Investment in the US ("CFIUS") may use to determine whether a transaction poses a risk to U.S. national security.
    United StatesInternational Law
    Mayer Brown
    Mayer Brown
  • Article

    Seagate's $300 Million Export And Foreign Direct Products Rule Violation

    The ballad of export violations continues. The Department of Commerce's Bureau of Industry and Security (BIS) imposed a $300 million civil penalty against Seagate US and Seagate Singapore...
    United StatesInternational Law
    Barnes, Richardson & Colburn
    Barnes, Richardson & Colburn
  • Article

    USA Out Of The TPP: Impact And Opportunities For Businesses

    On 23 January, President Donald Trump signed an executive order to withdraw the United States from the Trans Pacific Partnership. What's left for those companies interested in doing business in the country? Our local expert explains.
    United StatesInternational Law
    TMF Group BV
    TMF Group BV
  • Article

    U.S. Supreme Court Establishes "Transaction Test" to Determine Extraterritorial Reach of Section 10(b) of Exchange Act and SEC Rule 10b-5

    The Supreme Court's majority opinion in "Morrison v. National Australia Bank, Ltd." may be as significant for its "bright-line" approach to the presumption against the extraterritorial application of federal legislation as it may be for curbing foreign securities-fraud class actions in an era of increasing global transactions.
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    BE-11 Survey: Reporting Deadline Approaching

    In April 2023, we published an overview of the BE-12, a benchmark survey conducted every five years by the Department of Commerce's Bureau of Economic Analysis ...
    United StatesStrategy
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Final CFIUS Regulations On Reviewing Foreign Investments In The United States

    The Committee on Foreign Investment in the United States (CFIUS) reviews foreign investments in U.S. businesses for the impact of these investments on national security.
    United StatesStrategy
    Torys LLP
    Torys LLP
  • Article

    Foreign Account Tax Compliance Act Of 2009: Proposed Repeal Of U.S. Bearer Bond Exception

    On October 27, 2009, Senator Max Baucus (D-Montana) and Representative Charles Rangel (D-New York), chairmen of the Congressional tax writing committees, unveiled the Foreign Account Tax Compliance Act of 2009 (the “Bill”).
    United StatesTax
    Morrison Foerster
    Morrison Foerster
  • Article

    Treasury Issues First Civil Penalty Under Outbound Investment Security Program

    The US Treasury Department has issued its first civil penalty under the Outbound Investment Security Program, fining a venture capital firm $200,000 for failing to notify authorities of an investment in a Chinese AI company. This enforcement action signals heightened scrutiny of US investments in China's advanced technology sectors and raises critical questions about compliance obligations for companies with foreign subsidiaries.
    GlobalGovernment, Public Sector
    WilmerHale
    WilmerHale
  • Article

    Cross-Border M&A: Managing The CFIUS Review Process

    The uncertain macroeconomic conditions of recent years have created a cautious investment climate globally.
    United StatesCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Bipartisan Bill Proposes To Leverage CFIUS In Assessing Pharmaceutical Supply Chain

    On June 30, 2020, United States Senators Elizabeth Warren (D-Mass.) and Marco Rubio (R-Fla.) introduced legislation proposing the Committee on Foreign Investment in the United States.
    United StatesGovernment, Public Sector
    Reed Smith
    Reed Smith
  • Article

    CFIUS Confirms Excepted Foreign State Status For The United Kingdom And New Zealand

    The Committee published similar determinations with respect to Canada and Australia in January 2022.
    United StatesGovernment, Public Sector
    Wiley Rein
    Wiley Rein
  • Article

    CFIUS Publishes New FAQs Regarding Mandatory Filings And Disclosure Requirements For Investment Funds

    The Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") recently issued two new frequently-asked-questions ("FAQs") on its website.
    United StatesGovernment, Public Sector
    Winston Taylor
    Winston Taylor
  • Article

    DOJ Sues To Enforce President Trump's Order Requiring A Chinese Company To Divest Stake In U.S. Video Communications Company

    The U.S. Department of Justice (DOJ) recently filed a lawsuit in the U.S. District Court for the District of Columbia — to be heard by Judge Amir Ali — seeking to enforce President Trump's...
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    Investment Facilitation – A WTO Negotiation That Can Yield Positive Returns For Investors

    Ninety-eight (98) member states of the WTO are negotiating an international agreement on investment facilitation, which would be the first of its kind.
    United StatesGovernment, Public Sector
    Akin
    Akin
  • Article

    Key Points From The CFIUS Annual Report For Calendar Year 2021

    Last month, the Committee on Foreign Investment in the United States (CFIUS) released its Annual Report to Congress covering 2021. The key takeaway is that CFIUS is more active than ever...
    United StatesGovernment, Public Sector
    Morrison Foerster
    Morrison Foerster
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