National Law Journal | Analysis
By Christine Schiffner | May 1, 2023
A "vanilla statement" of the world being politically unstable is no longer sufficient, one attorney said, highlighting urgency to revisit corporate risk disclosures for companies with exposure to China.
By Chris O'Malley | April 12, 2023
Activists concerned about China's human rights violations and other behavior hope to spur change, and perhaps cause corporate titans to squirm, by pushing shareholder proposals at the companies' annual meetings.
By Anne Bagamery | December 16, 2022
FDI screening has gone from "a niche area for defense industry deals where it might be relevant" to "a part of every deal structure, timetable, and assessment of regulatory risks," a competition partner in Brussels said.
Corporate Counsel | Commentary
By Zlatko 'Zack' Hadzismajlovic | November 14, 2022
The Guidelines serve as welcome transparency to industry as to how violations will be assessed.
By Jessica Seah | August 30, 2022
Skeptical of a deal to allow the U.S. to audit Chinese U.S.-listed companies, lawyers also say U.S.-China trade tensions could be further damaged by "reverse CFIUS," a proposed law under which the U.S. government could prohibit investments into China it deems a threat to certain domestic capabilities.
By MP McQueen | April 7, 2020
While mergers and acquisitions were declining as the novel coronavirus spread across the globe, the Committee on Foreign Investment in the United States at the U.S. Treasury Department, which reviews transactions for national security concerns, is also being affected by the new working conditions, attorneys said.
By MP McQueen | March 10, 2020
Proposed new fees for filing transaction reviews before the Committee on Foreign Investment in the United States were published Monday in the Federal Register, adding another significant CFIUS consideration for deals, international trade and national security lawyers said. And President Trump rejects another deal after CFIUS review, his third such order.
By MP McQueen | February 25, 2020
In-house lawyers for payment systems, mobile banking and insurance-focused technologies, cryptocurrency and exchange platforms and other disrupters of the financial services industry, as well as asset managers, will have to pay close attention to changes in the regulations governing reviews of foreign investment transactions by the Committee on Foreign Investment in the United States that took effect this month.
By MP McQueen | February 12, 2020
While the federal government has whittled down some of the final regulations from the initial proposals, there is still potential for trouble for foreign investors under the 31 pages of final rules governing national security reviews by CFIUS of foreign investments in U.S. real estate, which take effect on Feb. 13.
By MP McQueen | January 14, 2020
Final regulations from the U.S. Treasury Department governing national security reviews by the Committee on Foreign Investment in the United States were issued Monday, with importance for general counsel in many industries—including venture capital—whose companies are involved in cross-border dealmaking.
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