CFIUS: Evolution Yields to Revolution
While 2017 was an evolutionary year for the Committee on Foreign Investment in the United States ("CFIUS"), 2018 portends to be a revolutionary year. A number of factors, including a new President, growing concerns over Chinese investments in the United States, and an unprecedented number of filings, resulted in evolving CFIUS practices as a matter of policy and necessity. The policy evolution culminated in the November 2017 bipartisan and bicameral introduction of the Foreign Investment Risk Review Modernization Act of 2017, which could bring revolutionary changes to the law and CFIUS practice in 2018 and beyond.
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