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...

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...

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...

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...

Why the DoJ wants $3.4M more for its foreign investment review work

The Department of Justice’s fiscal year 2024 budget request seeks $32.7 million in total program increases. About 10 percent of that is requested for the National Security Division “for reviewing foreign investments in U.S. industries that may impact national...