In May of 2019, the Trump Administration lifted the suspension of Title III of the Helms-Burton Act. This cleared the way for U.S. nationals with claims to property in Cuba that was confiscated under the Castro regime to file suit in U.S. courts against persons that may be “trafficking” in that property. Jones Day Miami-based partners Rick Puente and Chris Pace discuss the most recent court actions and decisions related to Title III matters.
Category Archives: International Trade
Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act (“FIRRMA”) next year, revise the process for review of foreign investments and also reflect the U.S. government’s evolving view of what sectors of the U.S. economy (such as real estate, life sciences, and data collection or maintenance) raise national security concerns and, as result, will be subject to heightened scrutiny.
Jones Day’s Laura Fraedrich, Chase Kaniecki, and Justin Huff explain why a growing number of industries must consider FIRRMA’s implications when structuring transactions involving non-U.S. investors.
The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against entities “trafficking” in those assets.
Rick Puente and Chris Pace review recent case developments, discuss the appointment of new National Security Advisor Robert O’Brien, and talk about what parties possibly affected by Helms-Burton should expect next.
Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain sectors and industries.
Jones Day’s Stefano Crosio and Chase Kaniecki talk about recent developments in Italy’s foreign direct investment regulations and discuss strategic considerations for parties to potential transactions.
Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S. courts seeking compensation for assets expropriated by the Cuban government since 1959.
Jones Day’s Chris Pace and Rick Puente discuss the circumstances leading to Title III, how companies can evaluate claims they may have under Title III or exposure they may face under Title III, and potential defenses to Title III lawsuits.
Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition, by any non-German acquirer, of German companies active in military products and crypto-technology. The other set of rules, the cross-sectoral review, applies to the acquisition of all other companies by any non-EU acquirer. Jones Day’s Jürgen Beninca and Chase Kaniecki discuss what investors should know about the AWV.
In the first in a Jones Day Talks series on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.