1. Summary The United Kingdom (U.K.) government published the National Security and Investment Bill (“NSI Bill” or “Bill”) on November 11, 2020, the aim of which is to strengthen the government’s powers to scrutinize and intervene in U.K. investment activity on national security grounds....By: Akin Gump Strauss Hauer & Feld LLP
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Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19. While critical transactions are likely to be reviewed, as far as possible, in accordance with normal practice, many cases may face changes in approach and practice (eg extensions of timelines in certain circumstances). The table below reflects our understanding of the current effects on the merger review process in numerous jurisdictions around the world. It.....
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Foreign investment has been ripe for legislative change in the United Kingdom. The latest development came on 11 November 2020, as Prime Minister Boris Johnson announced the National Security and Investment Bill 2020 (the Bill), which overhauls the current merger and acquisition rules in relation to foreign investment. ...By: Cadwalader, Wickersham & Taft LLP
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The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19 coronavirus pandemic. It will be updated regularly to track the situation as it evolves. Please see full Publication below for more information....By: Allen & Overy LLP
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On 11 November 2020, the UK government announced the long-awaited and wide ranging reforms to the regulation and scrutiny of foreign direct investment. Introducing a mandatory notification system for affected transactions, the National Security and Investment Bill (Bill) will strengthen the UK’s ability to investigate and intervene in mergers, acquisitions and other types of deals that could threaten the UK’s national security. The government hopes the Bill strikes a suitable accord between......
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In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC, the GAO held it was unreasonable for an agency to construct its procurement without regard for the changed circumstances resulting from the ongoing COVID-19 pandemic... Originally published in Law360 November 9, 2020....By: Morrison ...
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Wednesday the UK government introduced the National Security and Investment Bill (the "Bill") to Parliament. The Bill strengthens the government’s power to scrutinise, impose conditions and block foreign investments into specified sectors which may harm the UK's national security....By: Orrick, Herrington & Sutcliffe LLP
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Kilpatrick Townsend’s Larry Prosen recently joined other expert panelists at a Washington Building Congress webinar to discuss the topic of “So Close and Yet So Far – Some Fundamental Differences Between U.S. and U.K. Construction Law.” There are similarities, highlighted by substantial differences, between U.S. and U.K. litigation. Please see full article below for more information....By: Kilpatrick Townsend & Stockton LLP
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ON 11 NOVEMBER 2020 THE UK GOVERNMENT PUBLISHED ITS NATIONAL SECURITY AND INVESTMENT BILL. IF THE BILL IS ENACTED AND COMES INTO FORCE IN SUBSTANTIALLY ITS CURRENT FORM (WHICH SEEMS VERY LIKELY), IT WILL PROVIDE THE GOVERNMENT WITH WIDE-RANGING POWERS TO INTERVENE IN TRANSACTIONS ON NATIONAL SECURITY GROUNDS AND, IN RELATION TO CERTAIN KEY SECTORS, WILL REQUIRE MANDATORY PRE-CLEARANCE. The Bill reflects the Government White Paper published in July 2018 with some significant changes; in...By: We...
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On November 2, 2020, the Japan Fair Trade Commission ("JFTC") proposed amendments to relevant rules ("Drafts") in accordance with the Government of Japan's "Regulatory Reform Implementation Plan" ("Government's Plan") decided by the Cabinet on July 17, 2020. The JFTC seeks comments from the public, which is due by 6:00 p.m. on Tuesday, December 1, 2020, Japan Time....By: White & Case LLP
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