Bankruptcy Can Trigger CFIUS Review

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

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