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Luca CM Melchionna, Esq., Managing member Luca CM Melchionna has 25+ years of experience in both private practice and academia, in Italy and in the United States. He is a...
Luca CM Melchionna, Esq., Managing member Luca CM Melchionna has 25+ years of experience in both private practice and academia, in Italy and in the United States. He is a...
Mission Melchionna PLLC is an indipendent law firm. Melchionna PLLC’s mission is to provide outstanding legal services and tax advice. We focus on building a relationship with...
About us Melchionna PLLC represents and assists North American and European business clients in achieving their goals with sound legal advice and innovative solutions to current...
The National Defense Authorization Act, introduced for the 2019 fiscal year, has updated and broadened the powers of the Commission on Foreign Investments in the United States...
The FDA has recently finalized some regulations regarding the Drug Supply Chain Security Act (DSCSA). The goal is to help companies that operate in the pharmaceutical industry...
The Tax Cuts and Jobs Act (TCJA), aimed at reducing the US’s federal tax burdens, came into effect on January 1, 2018. The most important aspects of the TCJA concern the reduction...
On May 21, 2018 The Supreme Court of the United States established a relevant principle in terms of hourly compensation in labor contracts and alternative conflict resolution in...
The FSMA gives the Food and Drug Administration (“FDA”) authority to regulate food grown, harvested, or processed in the US or elsewhere. The FDA has the duty to better protect...
I dati piu’ recenti pubblicati dal Bureau of Economic Analysis (BEA) registrano la solidità del quadro economico degli Stati Uniti, con un PIL che evidenzia, nel terzo trimestre...
Il Dodd-Frank Act e il JOBS Act (Jump Our Business Startups) richiedono alle societa’ target americane, come noto, una serie di disclosure finanziarie molto accurate. Sulla base...
Per l’anno fiscale 2019 e’ stato introdotto il “National Defense Authorization Act”, che ha rinnovato ed ampliato i poteri della Commissione sugli investimenti stranieri negli...
In the last two decades, [After 1989, transparency and privacy became an increasingly topic of investigation and discussion among scholars and professionals. From 1989 to 2015 the...
According to the most recent data, nearly two third of United States population is reportedly overweight or obese. However, there is a growing segment of the population which is...
The National Defense Authorization Act, introduced for the 2019 fiscal year, has updated and broadened the powers of the Commission on Foreign Investments in the United States (CFIUS), in addition to having modified FIRRMA (Foreign Investment Risk Review Modernization Act).
Investments carried out in the USA on behalf on foreigners will be subject to stricter control procedures if they are seen as a risk to American national security. Such investments include all those regarding crucial infrastructure, fundamental technologies dealing with the sensitive personal information of American citizens, or concerning transactions in the real estate market. In short, the areas primarily involved will be: certain strategic real estate acquisitions, acquisitions made via PE in technological corporations and the transfer of technology abroad.
New mechanisms regarding import and re-export regimes have been introduced, requiring a more extensive identification and control of transactions.
Those involved should expect a longer timeframe for the presentation (and execution) of the supporting documentation required by CFIUS for the proposed transaction. The Commission may authorize the transaction, require more information, or begin a unilateral revision of the transaction, even after the closing.
Following the recommendation of CFIUS, the President of the United States has the power to suspend or prohibit investment operations in the United States of America in light of Section 721 of the Exon-Florio Act introduced in the Defense Production Act of 1950.
CFIUS, led by the Secretary of the Treasury, recommends investment operations to the President of the Republic, who, in turn, can either accept or decline.
In November of 2018, the first pilot program dealing with technology regarded as critical was launched. All foreign investments are subject to a mandatory filing under Section 31 CFR 801.401
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