James Brower and Nicholas Weigel wrote an article for Lawfare that explored the foundational legal vulnerability of the Committee on Foreign Investment in the United States (CFIUS) due to a historic lack of challenges to CFIUS's legal authority.
The authors predict that CFIUS will become more aggressive in the coming years, noting that "the need to present viable challenges to CFIUS action will increase. Parties to the CFIUS process should prepare accordingly."
Read the full article.
