Pay-to-Play 2: CFIUS Filing Fees Go Into Effect May 1, 2020
Client Alert | 1 min read | 04.28.20
The Committee on Foreign Investment in the US (CFIUS) has announced an Interim Final Rule requiring payment of filing fees in connection with any Joint Voluntary Notices submitted on or after May 1, 2020 for “covered transactions” under 31 C.F.R. Part 800 or for “covered real estate transactions” under Part 802. The Interim Final Rule adopts, without change, the sliding scale fee structure as initially proposed, but in light of the COVID-19 pandemic, will continue to accept comments until June 1, 2020.
The fee schedule is:
Total Transaction Value |
Filing Fee |
|
< $500,000 |
$0 |
|
> $500,000 but < $5 million |
$750 |
|
> $5 million but < $50 million |
$7,500 |
|
> $50 million but < $250 million |
$75,000 |
|
> $250 million but < $750 million |
$150,000 |
|
> $ 750 million |
$300,000 |
CFIUS rejected comments seeking to limit the transaction value to just the value of the U.S. business and denied concerns that the lack of any fee for submission of mandatory or voluntary declarations would provide a financial or administrative incentive for CFIUS to fail to conclude action under Section 721 of the Defense Production Act in evaluating such declarations.
Contacts
Insights
Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
