In the News

US to Scrutinize Foreign Biotech Investments, BioCentury

October 10, 2018

In an article by BioCentury, Morgan Lewis partner Stephen Mahinka provides an analysis of the interim rule announced by the Treasury Department that seeks to hinder threats to national security from foreign investment in companies. Biotech companies in particular have been included among others as part of a “critical technology” pilot program that is designed to enhance the reach of the Committee of Foreign Investment in the United States (CFIUS). Mahinka shares that the statute did not spell out specific industries of which CFIUS would have oversight: “the determination for what falls within the reach of CFIUS will not be modality dependent, rather dependent on whether compounds or biologics are ‘biotech-derived.’” He adds that “the expansion will give CFIUS and the US government a chance to identify foreign investors in biotech.”

Read the full BioCentury article.