Global FS firm: Threat of outbound regime already impacting managers
While law firms have been informing their clients that an outbound foreign-investment review regime is imminent, financial services firms have been relatively silent. Until now. At least one firm expects to see increased due diligence costs, and admits that portfolio managers have already been impacted.
SVB and CFIUS: Is the Committee already on top of the bank failures?
Experts say the collapse of Silicon Valley Bank and Signature Bank has raised important questions regarding foreign investment and national security. Among them: Might SVB assets, or even FDIC rescue capital, end up in the hands of entities controlled by the People’s Republic of China? Insights inside.
Judicial deference, contracting costs, and national security creep
We’re not ones for academic research papers, but a recent 66-page essay by two professors actually got our attention. The professors argue that the expansion of CFIUS’s jurisdiction and national security “creep” may have broader implications on dealmaking and the economy. Details inside.
Could the RESTRICT ACT create jurisdictional overlap with CFIUS?
Last week, a bipartisan group of U.S. Senators introduced legislation that would address the “ongoing threat” posed by technology from foreign adversaries. The legislation would impact how the U.S. addresses technology risks, but experts warn it could yield jurisdictional conflict with CFIUS.
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