Latest Coverage
Latest Coverage for Subscribers Only
Access to the complete versions of our articles, research, and other resources are available to subscribers only. Get access now »
Former chair of Team Telecom expects more assertive Committee
This week we sit down with Richard Sofield, the former chair of Team Telecom, to discuss the new Committee, cross-over with CFIUS, and more. Of note: Richard predicts a more active regime. “I think we are seeing Team Telecom become increasingly assertive in multiple ways.”
Group: EU investment screening regime “more porous” than CFIUS
A German think tank that focuses on China recently compared foreign investment screening mechanisms in the U.S. versus the EU, and found the European regime more flexible but also potentially less secure. Details, helpful charts, and recommendations are inside.
New BIS controls added for biotech software; could trigger CFIUS filing
Last week, the Bureau of Industry and Security at Commerce published a final rule that included new controls on certain biotech software. Details on the new rule, how it could trigger mandatory CFIUS filings, and what companies should expect, are inside.
Latest bill yet another attempt to put Agriculture Secretary on CFIUS
A bipartisan group of U.S. Senators and Representatives has floated yet another bill that would put the Secretary of Agriculture on CFIUS, and add agriculture-specific criteria to foreign investment reviews. Complete details, context, and a wrap-up of related prior efforts are inside.
A “Pittsburgh Statement” primer: What is it, and what does it mean?
Last week, the U.S. and EU Trade and Technology Council met for the first time to coordinate approaches on numerous topics, including export controls and foreign investment screening. What’s the TTC? We’ve got details, contacts, the statement, next steps, and more inside.
Expert calls CFIUS structure a “nightmare,” recommends a fix
In an opinion piece written for a technology newsletter, Wilson Sonsini partner Stephen Heifetz declared the foreign-investment review process broken, and provided recommendations for fixing it. Inside are Heifetz’s insights and a rebuttal from former Treasury officials.
Biden’s approach to China: Where are we, and where are we headed?
According to reports, the Biden Administration is going to launch an investigation into Chinese subsidies under Section 301 of the U.S. trade law. We sit down with Doreen Edelman of Lowenstein Sandler to explore what’s happening, what it means, and what’s next.
Senate confirmation hearing for BIS head underway; why it matters
As we’ve been reporting, the Biden Administration has ramped up the volume of nominations for key positions, and the Senate confirmation process is underway. Inside are details on the Commerce Department’s new BIS leader, and how the role connects to CFIUS.
Biden taps leader for key Treasury terrorism post; still no CFIUS head
As we reported last week, the Biden Administration has been picking up the pace of nominations. This week, he selected a long-time intelligence expert to serve as Assistant Secretary of Terrorism and Financial Intelligence at the Treasury Department. Details inside.
Team Telecom reviewing national security implications of Zoom deal
The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Service Sector (known as Team Telecom) is reviewing Zoom’s intended acquisition of call-center software firm Five9 on grounds of national security. Details and docs are inside.
Could latest Biden nominations mean new CFIUS head is coming?
Treasury still has no Assistant Secretary for Investment Security, but the Biden administration has made 40 nominations in the last 30 days, including a key international trade role at Commerce. What do the latest moves mean for CFIUS? Details and insights inside.
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
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?
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.
Britain’s CFIUS-like regulator to review U.S. purchase of defense co.
The UK’s Competition and Markets Authority, which has national-security review powers similar to CFIUS, is looking into the acquisition of UK defense company Ultra Electronics by a U.S.-owned company. Details, filing documents, contacts, and more are inside.
Senators (again) ask Treasury Sec. Yellen to have CFIUS review deals
Two U.S. Senators have sent a letter to Treasury Secretary Janet Yellen, renewing a request to have CFIUS review the transactions of Brazilian meatpacking conglomerate JBS. Details, prior attempts, context, and the actual letter are inside.
A “how to” guide for complying with CFIUS mitigation agreements
As we’ve reported extensively, CFIUS is increasingly utilizing mitigation agreements to resolve national security risks. This week, two experts provide recommendations that organizations should consider as they work through the mitigation agreement process.
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
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.
Congressional Report: Cos. should disclose adversarial foreign capital
Buried on page 20 of a new report from the Defense Critical Supply Chain Task Force was a fairly provocative recommendation: Companies should be forced to disclose foreign capital they receive from adversarial nations. Details, the full report, and more are inside.