Considering CFIUS' Annual Report to Congress

Law360 (December 10, 2010, 11:50 AM EST) -- The Committee on Foreign Investment in the United States is a multiagency regulatory body empowered to review transactions involving a foreign person and a U.S. business that may affect U.S. national security. Transactions not properly structured to address U.S. national security concerns or otherwise deemed a threat to national security may be blocked — or unwound — after a CFIUS review. In light of the expansive view of national security often taken by U.S. regulators, we highly recommend that mergers and acquisitions advisers, investors and operating companies involved in international transactions be particularly mindful of CFIUS....

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