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Expert Analysis

The Answer To CFIUS Authority Is Blowing In The Wind

Law360, New York (January 10, 2013, 2:52 PM EST) -- A recent lawsuit challenging a decision by the Committee on Foreign Investment in the United States (CFIUS) to prohibit an Oregon wind farm acquisition sheds light on two broader trends in CFIUS reviews: first, CFIUS challenges based simply upon the physical location of the acquired business, without regard to whether the acquired business itself has any national security implications, and second, CFIUS's assertion of authority to unilaterally impose any condition it sees fit upon a foreign acquisition of a U.S. business, whether or not the parties agree to it as a condition of CFIUS approval.[1]...

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