March 4, 2013

Overview of the Recent Annual Report, the Latest Development in the Ralls Litigation, & the Role of Mitigation in the CFIUS Process

The Committee on Foreign Investment in the United States (“CFIUS”), comprised principally of executive branch agencies, reviews foreign direct investments and acquisitions that could affect the national security of the United States. Each year, CFIUS publishes an Annual Report summarizing its activity in the preceding calendar year. Despite the delay, the report offers insight into trends in Foreign Direct Investment (“FDI”). The most recent Annual Report summarizes CFIUS reviews in 2011. Because Kaye Scholer LLP participated in over one-fifth of these transactions, we believe we are in a unique position to comment on the annual report.

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