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Lexis Nexis: The New Normal for Foreign Investment in the U.S.: Final CFIUS Regulations, COVID-19, and More

Greenberg Traurig shareholders, Kara Bombach and Renee Latour are presenters on this program. In a rare burst of bi-partisan consensus, Congress passed the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) for the purposes of broadening the jurisdiction of the Committee on Foreign Investment in the U.S. (“CFIUS”) as well as providing a new procedural regime. Treasury’s final regulations implementing FIRRMA were issued in January of 2020, and thus counsel for U.S. targets were already grappling with a largely novel regulatory framework when coronavirus arrived.  The ink was barely dry on the final Treasury regulations, but conversation quickly resumed on the sufficiency of our national security review structure. With broad concerns about the nation’s ability to manage critical supply chains in time of crisis, GOP-sponsored legislation attempting to essentially ban Chinese acquisitions in the U.S. during the pandemic, and governments around the world retrenching on protectionist policies, the complexity for cross-border transactions has increased dramatically. This 30-minute webinar will review the ‘new normal’ for national security review under the final regulations and provide insight on what might be next in this area of law.undefined