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US Appellate Court Clarifies Due Process Rights for Parties Subject to CFIUS Review of Foreign Investments



by Timothy J. Keeler
Mayer Brown LLP - Washington Office

Simeon M. Kriesberg
Mayer Brown LLP - Washington Office

Kelsey Rule
Mayer Brown LLP - Washington Office

Margaret-Rose Sales
Mayer Brown LLP - Washington Office

July 26, 2014

Previously published on July 22, 2014

The US Court of Appeals for the DC Circuit has reversed a lower court’s ruling and held that companies undergoing review by the Committee on Foreign Investment in the United States (CFIUS or the Committee) have a due process right to notice of unclassified evidence and an opportunity to rebut that evidence. If the July 15 decision stands, it could significantly change the relationship between CFIUS, on the one hand, and the foreign investors and US businesses that seek its approval of acquisitions affecting US national security, on the other.


 

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Timothy J. Keeler
Simeon M. Kriesberg
Margaret-Rose Sales
 
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