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Vinson & Elkins reloads CFIUS practice after high-profile exit

Vinson & Elkins reloads CFIUS practice after high-profile exit

The arms race for CFIUS experts continues. Last week, a partner in Wiley Rein’s CFIUS group joined the national security practice at Vinson & Elkins, which had recently lost Damara Chambers to Latham & Watkins. Details, and more recent changes inside.

CFIUS carve outs: Definitions, motivations, and considerations

CFIUS carve outs: Definitions, motivations, and considerations

This week, we discuss “carve outs” with Jonathan Gafni, who previously served in the Office of the Director of National Intelligence. According to Gafni, problems with carve outs can arise when parties want to “have their cake and eat it too.” Details, examples, and tips are inside.

M&A disclosure bill coming for foreign state-owned entities?

M&A disclosure bill coming for foreign state-owned entities?

A Republican Congressman from Wisconsin is preparing legislation that would create a new disclosure requirement for companies that are subsidized by foreign governments. The bill would impact those entities when pursuing large mergers. Details inside.

Exclusive survey: CFIUS readiness improved over the last 12 months

Exclusive survey: CFIUS readiness improved over the last 12 months

According to a new survey conducted by Foreign Investment Watch, both corporate executives and outside counsel feel more knowledgeable about CFIUS, and feel better prepared to comply with filing obligations or inquiries from the Committee. Details and data inside.

Latest CFIUS report shows Committee focus isn’t just China

Latest CFIUS report shows Committee focus isn’t just China

The 2020 CFIUS annual report to Congress was finally published last week, and some of the numbers are surprising. For the first time in several years, China was not the top foreign acquirer of U.S. critical technology. Details, insights, and the full report are inside.

Still no head of CFIUS, but Biden appoints BIS leader at Commerce

Still no head of CFIUS, but Biden appoints BIS leader at Commerce

Pres. Biden has nominated an Under Secretary for Industry and Security, a position that serves as principal advisor to the Secretary of Commerce on the export of sensitive technologies. Key positions within the Treasury department remain vacant. Details and contacts inside.

Did Congressman misconstrue the mandate of CFIUS in recent letter?

Did Congressman misconstrue the mandate of CFIUS in recent letter?

A Congressman from Texas is urging Treasury Secretary Janet Yellen and Energy Secretary Jennifer Granholm (pictured) to have CFIUS review the sale of a U.S. refinery to a foreign company. But there are issues. Details, the letter, and some humorous expert insights are inside.

Reader Q&A: Answer question on Chinese co., CFIUS GSA contracts

Reader Q&A: Answer question on Chinese co., CFIUS GSA contracts

Last week, a Foreign Investment Watch reader submitted a question regarding a Chinese acquisition and GSA contracts. If you submit an answer, we’ll reprint it in next week’s edition. The question, contact information, and additional details inside.

Treasury team is scouring for non-notified transactions. Here’s how

Treasury team is scouring for non-notified transactions. Here’s how

As most Foreign Investment Watch readers know, the Treasury Department has built a new team whose sole mission is to find transactions that were not filed with CFIUS. This week, a former Treasury official explains their process, and provides tips for those in their crosshairs.

Companies are disclosing their intention not to file with CFIUS

Companies are disclosing their intention not to file with CFIUS

An interesting disclosure trend is emerging in SEC filings: Companies are announcing their intention not to file with CFIUS. “It’s like preemptive disclosure of a non-notified transaction,” says one expert. Details, examples, insights and more are inside.

CFIUS, economic sanctions expert jumps from Cleary to Davis Polk

CFIUS, economic sanctions expert jumps from Cleary to Davis Polk

Experts on CFIUS, OFAC and FinCEN continue to move from one practice to another, as law firms stock up on practitioners who can help companies navigate increasingly complex global security regimes. The latest move is inside, as are other recent “migrations.”

More legal news: Firm launches new National Security practice

More legal news: Firm launches new National Security practice

Seems like this week is “Foreign Investment Watch: Law Firm Edition.” In addition to the updates above, a global law firm just announced a new National Security, Sanctions, and Export Controls practice to help companies navigate national security matters. Details inside.

Summary of new Executive Orders and statements from Biden on FDI

Summary of new Executive Orders and statements from Biden on FDI

Last week, Pres. Biden released several statements and Executive Orders covering foreign investment in the U.S., the protection of sensitive data from foreign adversaries, U.S. private investment in China, and more. Details, source documents, expert insights, and more are inside.

100-day review of supply chain completed; task force established

100-day review of supply chain completed; task force established

Back in February, Pres. Biden issued an Executive Order that mandated a 100-day review of vulnerabilities in the U.S. supply chain. That report is now completed and was published last week. Details, downloads, and information on a new supply-chain task force are inside.

Company provides plain English Q&A on CFIUS implications of deal

Company provides plain English Q&A on CFIUS implications of deal

In a nice break from the typical legalese found in SEC filings, a semiconductor company has provided a simple plain-English Q&A to describe the regulatory implications of its acquisition by a Chinese private-equity firm. Details, the Q&A, contacts, and more are inside.