CFIUS Shows New Aggressiveness In Ordering Divestiture

Law360, New York (October 29, 2012, 3:03 PM EDT) -- Recent litigation — an extraordinary rarity in practice before the Committee on Foreign Investment in the United States (CFIUS) — has highlighted a new willingness on the part of the U.S. government to restrict parties’ activities relating to foreign acquisitions of U.S. companies through measures that go beyond the standard remedies of barring transactions or ordering divestiture.

CFIUS is the interagency executive branch committee that considers the impact on U.S. national security of “any merger, acquisition, or takeover ... by or with a foreign person which...
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