Partner David Plotinsky spoke with MLex about the lawsuit brought by US Steel and Nippon Steel against the federal government in the wake of President Biden’s order to block Nippon Steel’s planned acquisition of US Steel.
David noted that, although it is difficult to challenge a presidential determination under the Committee on Foreign Investment in the US (CFIUS), the government will still need to defend itself aggressively.
“The government may need to push the limits of judicial deference typically give to the executive branch in national security matters, by arguing that the court should disregard any facts that are unfavorable for the government and instead focus on the President’s broad discretion to determine what constitutes national security risk,” David said.
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