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Articles by Anna Gooding
Biden Blocks Nippon Steel-US Steel: What Happened And What Comes Next?
On January 3, 2025, President Biden issued a long-expected order blocking the acquisition of U.S. Steel by Nippon Steel, following a lengthy review by the Committee on Foreign Investment in the United States (CFIUS), in which CFIUS failed to reach a consensus on whether to clear the transaction.
Final US Regulations On Outbound Foreign Investment: Key Changes And Their Implications
On October 28, 2024, the US Department of the Treasury (Treasury) published final regulations implementing the US outbound foreign investment program (Program) initiated in August 2023 by Executive Order 14105. The Program targets US-led investments directly or indirectly supporting certain activities by entities in or controlled from China that relate to semiconductors and microelectronics, quantum computing, and artificial intelligence.
Fewer Cases, Faster Results: CFIUS's 2023 Annual Report To Congress
The Committee on Foreign Investment in the United States (CFIUS) just released its annual report to Congress, covering activities from calendar year 2023. We've read it so you don't have to; here are the main things we learned: CFIUS experienced a significant downturn in the number of cases during 2023. By CFIUS's own metrics, there were more than 29% fewer filings of short-form declarations in 2023 than in 2022, and the number of full-length notices was down by more than 18%.
A Bigger Backyard For CFIUS? Part II: From
What is the proper scope for a "national security" review? Throughout CFIUS's history, commentators and practitioners have debated the shifting and unclear limits of what the term means, between those who argued for a narrow conception tied largely to defense production, and a broader conception that further considers "economic security." The recently proposed Protecting Against Foreign Adversary Investments Act of 2024 (PAFAIA) sides firmly with the latter.
A Bigger Backyard For CFIUS? Part I: Bill Proposes Expansion Of Real Estate Transaction Reviews
Today, CFIUS's real estate jurisdiction is frequently more of a curiosity than an ongoing concern for landlords. But a recent bill in Congress would widen the scope of national security by dramatically expanding CFIUS's remit in real estate and economic analysis. The proposed Protecting Against Foreign Adversary Investments Act of 2024 (PAFAIA) is only in its early stages, and as discussed in this post, raises a number of implementation questions.
New Executive Order Protecting US Personal Data: Implications For Foreign Investment Reviews
On February 28, 2024, President Biden issued Executive Order 14117 aimed at preventing bulk transfers of sensitive personal data to countries of concern.
Skeletons In Your Closet? US Agencies Focus On Prior Bad Acts In Merger Enforcement
In a continued departure from traditional practice, the US antitrust enforcers (particularly the Federal Trade Commission) have been increasingly using merger control to police and prevent perceived anti-competitive conduct by notifying parties. As we saw last year, the FTC is particularly focused on expanding the scope of unfair competition under Section 5 of the FTC Act by exhuming decades old precedent.
Big Changes In Outbound Foreign Investment To China
Key details for private equity sponsors to consider in response to President Biden's executive order.
Questions About The U.S. Executive Order On Outbound Foreign Investment? We Have (Some) Answers
President Biden has signed the long-expected "reverse CFIUS" executive order that will restrict outbound foreign investment into certain Chinese technology companies. The Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the Order or EO) was signed August 9, and outlines a new outbound foreign investment regime.
Slowing Down In More Ways Than One: CFIUS's 2022 Annual Report To Congress
The Committee on Foreign Investment in the United States (CFIUS) has just released the unclassified version of its annual report to Congress, covering the Committee's activities during 2022. We analyze the key takeaways from this year's report. The numbers Between full notices and short-form declarations, CFIUS received 440 filings in 2022, slightly up from 436 in 2021.
US Foreign Investment: An Update For The ‘Dog Days' Of Summer
As we enter the ‘dog days' of summer, we just want to report on a few developments related to foreign investment reviews in the United States. CFIUS FAQs on LP Involvement in Covered Transactions and Mandatory Filings CFIUS recently posted on its website updated responses to Frequently Asked Questions, including two regarding information on limited partners (“LPs”) with interests in covered transactions and the “completion date” in the context of mandatory filings.
US And EU Outbound Investment – Where Are We? - Inward/ Foreign Investment - United States
To date, foreign investment regimes have focussed exclusively on inbound investments by foreign companies into a country's respective domestic businesses. However, there is growing concern at political level on both sides of the Atlantic as regards the creation of geopolitical dependencies because of domestic companies, investing abroad, which are active in high- and future-tech areas.
Baseball Coaches Launch Latest Antitrust Lawsuit Against The NCAA (Smart V NCAA)
The National Collegiate Athletic Association (NCAA) is facing a new antitrust lawsuit filed not by student-athletes, but by their coaches. The plaintiffs filed a putative class action claiming they were harmed by an illegal wage-fixing agreement in the NCAA’s bylaw restricting Division I baseball programs to three paid baseball coaches and one “volunteer” coach.
Anna Gooding - LawInSport
Anna is an associate in Linklaters’ Global Antitrust & Foreign Investment practice. She advises clients on antitrust/competition and regulatory issues related to cross-border transactions, with a particular focus on U.S. merger control and analysis and compliance under the Hart-Scott-Rodino Act.
The NCAA College Basketball Bribery Scandal: The Scheme that Continues to Shake Collegiate Sports
Thursday, 29 July 2021 Author: Patrick Ashby, Anna Gooding, Max Blinder-Acenal In September 2017, U.S. federal law enforcement officials arrested ten individuals, including four Division I NCAA college basketball coaches, for alleged involvement in a wide-ranging corruption and bribery scheme. Each defendant faced a variety of conspiracy, bribery, fraud, and corruption charges.
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