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By Daniel R. Sieck & Gregory C. Dorris | Pepper Hamilton| March, 3rd, 2019
U.S. technology companies raising funds from foreign investors should carefully consider whether the proposed financing transaction can be structured to avoid falling within the purview of the Committee on Foreign Investment in the United States (CFIUS), which now has jurisdiction to review certain financing transactions pursuant to interim rules under the Foreign Investment Risk Review Modernization Act (FIRRMA).
In particular, FIRRMA expanded the jurisdiction of CFIUS through...