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Congress Introduces Bill to Expand CFIUS’s Review Authority

A bipartisan group of U.S. lawmakers introduced identical bills in the House and Senate on Wednesday to broaden the authority of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), an interagency committee that reviews foreign investments in U.S. companies, to determine whether such investments pose a risk to national security. The proposed bill, called the Foreign Investment Risk Review Modernization Act (“FIRRMA”), would broaden CFIUS’s jurisdiction to include review of certain joint ventures and minority investments, and represents the most significant effort to revise the CFIUS process since the passage of the Foreign Investment and National Security Act of 2007.

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The Ropes Recap: Mergers & Acquisitions Law News

Practices: Mergers & Acquisitions

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Linked is the Second Quarter 2015 edition of the Ropes & Gray M&A Newsletter. Topics addressed in this edition include:

News from the Courts 

  • Delaware Chancery Court Finds That Dispute Over Accounting Methodology Is Subject to Arbitration Procedures 
  • Delaware Supreme Court Finds Purchaser Did Not Breach Earn-Out Provision 
  • Delaware Court Closely Scrutinizes Director Compensation 
  • Delaware Chancery Court Finds Restriction on Poison Pills Does Not Apply to Spun-Off Entity 
  • Board’s Refusal to Seat a Director Represented by Opposing Litigation Counsel is Consistent with its Fiduciary Duty 
  • Plaintiffs Strike Out in Two Recent Delaware Appraisal Actions 
  • Delaware Chancery Court Approves Settlement Agreement for $275 Million in Derivative Suit 
  • Delaware Chancery Court Describes Standards for Attorneys' Fees 

Delaware Legislative Update

Notable Deals 

  • Acquiring a Competitor: The Impact of “Foreign” on HSR Act Analysis 

London Update 

  • Avoiding Pitfalls When Serving Notice: IPSOS S.A. v. Dentsu Aegis Network Limited

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