Bankruptcy Can Trigger CFIUS Review
By EsqSocial Corporation 11/05/21
The Committee on Foreign Investment in the United States (“CFIUS”) screens significant foreign investments in U.S. businesses to assess their impact on U.S. national security. Investments deemed a threat may be blocked or unwound. Last year, the Department of the Treasury issued regulations making clear that any otherwise covered transaction “that arises pursuant to a bankruptcy proceeding or other form of default on debt is a covered transaction” – i.e., a transaction subject to potential...
By: Stroock & Stroock & Lavan LLP