CFIUS and Non-Notified Transactions: Managing the Non-Notified Process, Increased Risk for Transaction Parties
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide counsel to U.S. businesses accepting foreign investments on the CFIUS process to review non-notified transactions. The panel will examine recent CFIUS scrutiny of non-notified transactions and offer best practices for managing the non-notified process and the increased risk for transaction parties.
- CFIUS process for non-notified transactions
- Overview of non-notified transactions
- Recent CFIUS scrutiny of non-notified transactions
- Best practices
- Managing the non-notified process
- Managing the increased risk for transaction parties
The panel will review these and other relevant issues:
- What is the CFIUS process for identifying and reviewing non-notified transactions?
- What are the lessons for counsel from recent CFIUS decisions and other relevant developments?
- What steps should counsel and companies take to address potential issues when considering foreign investment opportunities or working with foreign investors?
- What best practices should counsel employ to manage the non-notified process?
White & Case
Mr. Schomig is counsel in the Firm's National Security and CFIUS (Committee on Foreign Investment in the United... | Read More
Mr. Schomig is counsel in the Firm's National Security and CFIUS (Committee on Foreign Investment in the United States) practice, focusing his practice in the areas of Exon-Florio reviews before CFIUS and foreign ownership, control, or influence (FOCI) mitigation matters before the US Departments of Defense and Energy. His experience includes working on major defense industry acquisitions, representing clients in numerous CFIUS reviews and investigations, and advising companies regarding a multitude of FOCI mitigation and compliance matters.Close
White & Case
Ms. Mildorf is a partner in the firm’s National Security and CFIUS practice, focusing her practice in the areas... | Read More
Ms. Mildorf is a partner in the firm’s National Security and CFIUS practice, focusing her practice in the areas of Exon-Florio reviews before the Committee on Foreign Investment in the United States, foreign ownership, control or influence (FOCI) mitigation, and export control compliance. She has represented clients in nearly 200 CFIUS reviews covering a wide variety of industries and investor countries, and has extensive experience with national security requirements in connection with complex transactions. She advises clients on all matters pertaining to CFIUS reviews, including conducting due diligence, developing and implementing CFIUS strategies, and negotiating CFIUS-related deal terms.Close
Andy M. Walker
Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial... | Read More
Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial model impacts of the CFIUS requirements, and works with companies post-mitigation program to develop the programs and operating models required by CFIUS and FOCI-mitigation agreements. He has worked with major Telecom, High Tech and A&D clients to set-up special business entities, as well as to make the changes required to pass National Security audits.Close
White & Case
Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign... | Read More
Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign Direct Investment Reviews & US National Security/CFIUS practice. A former government official, he most recently served as Deputy General Counsel at the Department of the Treasury, where his responsibilities included managing significant oversight and investigations matters and providing legal and strategic counsel on a wide variety of issues about international affairs (including CFIUS), enforcement and intelligence (including sanctions and AML), banking and finance, and tax. He also previously held other senior-level positions in the federal government, including Associate Counsel to the President in the White House Counsel’s Office and Executive Secretary at the Treasury Department. Earlier in his career, he was an associate at White & Case, where his practice focused on government and internal investigations, corporate compliance matters, and complex civil litigation. His experience includes representing domestic and foreign clients in cases involving corruption, money laundering, fraud, and collusion.Close
Jack F. Donahue
Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech... | Read More
Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech and Telecom companies to assess, plan for and mitigate the operational and financial implications of National Security regulatory requirements. He has experience advising clients through CFIUS negotiations, implementation of CFIUS and FOCI-mitigation agreements and business unit carve outs required to meet National Security requirements.Close