News & Events

Mick Tuesley, Head of the Firm’s National Security Regulatory Practice, and Litigation Partner Mark Skerry were quoted in an article titled, “CFIUS reports shows path to clearance is increasingly complex,” which was published by Global Competition Review, and an article titled, “CFIUS reviewing fewer deals, taking longer, imposing more mitigation,” which was published by Foreign Investment Watch. The articles discussed the U.S. Department of Treasury’s annual report detailing enforcement by the Committee on Foreign Investment (CFIUS) in 2022 and explained how the report demonstrated that the path to CFIUS clearance for certain foreign investment transactions has become longer and more complex. Reflecting on the clearance process, Mick noted that investors are becoming increasingly savvy to CFIUS risks. When speaking to the publications, he explained that “investors should continue to calibrate their expectations on CFIUS clearance” and highlighted the increased frequency with which parties must undergo second-phase investigations, lengthening overall review timelines for many transactions. Mark further observed that investors continue to favor longer notices that secure greater reliability and predictability, despite longer review periods. When speaking to Global Competition Review, he noted that “parties can expect heightened diligence and scrutiny by the committee on current market activity across a broader spectrum of sectors of the US economy as CFIUS continues to shift its focus to more recent deals.”

To read the Global Competition Review article, please click here (subscription required).

To read the Foreign Investment Watch article, please click here (subscription required).