9 Tips To Ensure Deal Success Under Growing CFIUS Scrutiny

Law360 (July 26, 2019, 12:52 PM EDT) -- In August 2018, Congress enacted the Foreign Investment Risk Review Modernization Act, or FIRRMA. The legislation made sweeping changes to the role of the Committee on Foreign Investment in the United States, attracting the attention of foreign investors and their legal counsel. Draft FIRRMA implementation regulations are due out for public comment this summer.

Last year also proved to be the busiest deal year in the committee’s 44-year history, as CFIUS reviewed approximately 243 transactions. However, the number of deals under CFIUS scrutiny is expected to continue to grow exponentially because, prior to the 2018 legislation, it reviewed only controlling foreign...

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