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Expert Analysis

How The CFIUS Calculus Continues To Change

By Stephen Heifetz and Joshua Gruenspecht ( March 1, 2018, 12:35 PM EST) -- A recent focus on outcomes produced by the Committee on Foreign Investment in the United States — particularly CFIUS scuttling far more deals than ever before — has obscured a shift in principles that seemingly underlies the new approach. The change in administrations is an important factor contributing to different outcomes, but CFIUS — the government committee that conducts national security reviews of foreign investments in U. S. companies — remains an analytical body that justifies its decisions, at least internally, by reference to principles. . . .

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