Originally published by Bloomberg Law

After years of speculation and thwarted efforts to regulate US foreign investments in critical technologies, the White House and Congress took unprecedented steps the last two weeks to safeguard national security by regulating outbound investments.

Organizations will soon face new transaction disclosure requirements and prohibitions on transactions in certain sectors implicating national security.

The Biden administration’s August 9 executive order brings clarity and uncertainty alongside efforts in Congress to include the Outbound Investment Transparency Act as an amendment to the must-pass National Defense Authorization Act.

Gibson Dunn’s lawyers analyze recent federal and congressional moves to ramp up scrutiny of outbound investments in technology and other sectors impacting national security.

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Reproduced with permission. Published August 14, 2023. © 2023 Bloomberg Industry Group, Inc. (800-372-1033) http://www.bloombergindustry.com.


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Stephenie Gosnell Handler – Washington, D.C. (+1 202-955-8510, [email protected])
Amanda H. Neely – Washington, D.C. (+1 202-777-9566, [email protected])
Chris R. Mullen – Washington, D.C. (+1 202-955-8250, [email protected])
Hugh N. Danilack – Washington, D.C. (+1 202-777-9536, [email protected])

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Los Angeles partner Eric Vandevelde is the co-author of “Mitigating AI Cybersecurity Risks From The Top Down” [PDF] published by Law360 on August 4, 2023.

Palo Alto partner Vivek Mohan and associates Evan Kratzer and Wesley Sze are the authors of “White House announces commitments by leading companies to responsible development of AI technology” [PDF] published by the Daily Journal on July 21, 2023.

New York partner Eric Sloan, New York of counsel Jennifer Sabin and Washington, D.C. associate Jennifer Fitzgerald are the authors of the “USA” [PDF] chapter in Global Legal Insights – Corporate Tax 2023, published by Global Legal Group in July 2023.

London partner Sandy Bhogal and associates Bridget English, Sophie Walshe and Isabella Fladée are the authors of the “United Kingdom” [PDF] chapter in Global Legal Insights – Corporate Tax 2023, published by Global Legal Group in July 2023. Sandy Bhogal was the contributing editor for the guide.

New York partners Mylan Denerstein and Akiva Shapiro and of counsel Seth Rokosky are the authors of “Recent Changes Mark A Key Moment For New York High Court” [PDF] published by Law360 on July 10, 2023.

New York partner Mylan Denerstein and associates Lee Crain and Gregory Momjian are the authors of “Coming Soon to Court: General Personal Jurisdiction of All Out-of-State Businesses in NY” [PDF] published by the New York Law Journal on July 4, 2023.

Munich associates Marcus Geiss and Sonja Ruttmann are the authors of “Why Int’l Investors Should Keep An Eye On German M&A Regs” [PDF] published by Law360 on June 29, 2023.

Washington, D.C. partner Helgi Walker is the author of “‘Ethics’ and the Supreme Court’s Independence” [PDF] published by The Wall Street Journal on June 21, 2023.

Palo Alto partner Michael Celio and associate Wesley Sze are the authors of “Navigating the choppy waters of bylaw forum-selection clauses after Seafarers” [PDF] published by the Daily Journal on June 20, 2023.

Munich partners Mark Zimmer and Katharina Humphrey are the authors of “Breaking Down Germany’s New Whistleblower Protection Act” [PDF] published by Law360 on June 14, 2023.

New York partner Jason Cabral, Washington, D.C. partner Sara Weed and New York law clerk Alejandra Castañeda are the authors of “NYDFS’ Virtual Currency Oversight Plan Lacks Clarity” [PDF] published by Law360 on June 13, 2023.

Washington, D.C. of counsel David Schnitzer is the author of “Employers Should Take a Fresh Look at Their COVID-Era Vaccination and Testing Policies” [PDF] published by The National Law Journal on June 8, 2023.

Munich partner Katharina Humphrey and associate Andreas Dürr are the authors of “How Ambitious New EU Directive Seeks To Fight Corruption,” [PDF] published by Law360 on June 7, 2023.

Los Angeles partner Debra Wong Yang and associates Cynthia Chen McTernan and Adrienne Liu are the authors of “How Attorneys Can Help Combat Anti-Asian Hate” [PDF] published by Law360 on June 2, 2023.

Los Angeles partner Lauren Blas, Palo Alto associate Wesley Sze and Los Angeles associate Mitchell Wellman are the authors of “Ethical Considerations in Settling Class Actions,” [PDF] published by the Daily Journal on May 8, 2023.

London partner Penny Madden KC and of counsel Ceyda Knoebel are the authors of “Arbitrability and Public Policy Challenges,” [PDF] an extract from the third edition of Global Arbitration Review’s The Guide to Challenging and Enforcing Arbitration Awards published in April 2023.

The whole publication is available here.

Washington, D.C. partners Helgi Walker and Russell Balikian and associate Robert Batista are the authors of “In Axon, Justices Continue Reining In Administrative State,” [PDF] published by Law360 on April 21, 2023.

Washington, D.C. partner Lucas Townsend, Dallas partner Brad Hubbard and Los Angeles associate Matt Aidan Getz contributed to the article.

​Washington, D.C. partner Elizabeth Ising, Dallas partner Krista Hanvey, Washington, D.C. associate Geoffrey Walter and Dallas associate Gina Hancock are the co-authors of “Executive Compensation Disclosure Handbook: A Practical Guide to the SEC’s Executive Compensation Disclosure Rules,” [PDF] published by Donnelley Financial Solutions in February 2023.

Dallas partner Allyson Ho is the co-author of “The Supreme Court Should Move to Protect Victims of True Threats,” [PDF] published by Bloomberg Law on April 17, 2023.