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Academic
: ConglomerateCFIUS: Administrative Law Meets Deals
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
We've blogged a bit about CFIUS here - it is the committee process that vets deals for national security implications. The takeaway has been, in part, that this process is becoming an anti-takeover tool that is part of the fabric of the way M&A increasingly works, given that this is a global world, etc. But don't take my word for it. Consider the way this analyst looks a the possibility that EADS might buy the US defense indutry contractor DFS:
"It may that DRS is too big a bite for EADS. The deal is likely to be CFIUS-sensitive and it might be expensive to get over the break-up fee," said JP Morgan analyst Harry Breach.
So that's the idea. CFIUS is like break-up fees. Just part of the process. We've told you about the new regulations under consideration by the committee; here is the Wall Street Journal and Skadden Arps with more.
Full post as published by Conglomerate on May 19, 2008 (boomark / email).
Foreign Investment and National Security Act of 2007
Strengthens examination requirements of the Committee on Foreign Investment in the United States

CFIUS Proposes New Regulations on Foreign Investments
Treasury Issues Proposed CFIUS Regulations
Deal Are Down But Litigation Over Deals is Up
Is Wall Street Trading Ahead of Deals They Are Advising
Duke LJ 2009 Symposium on Admin Law under Bush









