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


Wednesday, November 17, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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.

Description

Since the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS is focusing on smaller investments. U.S. companies and non-U.S. companies with U.S. operations that deal with sensitive personal data or U.S. infrastructure face heightened risk. Since significantly more resources have been allocated for enforcement and to create a process to identify non-notified transactions, CFIUS has accelerated its pursuit of non-notified transactions.

The parties and their counsel need to understand the CFIUS process for non-notified transactions. For example, the initial email outreach has prompted some recipients to question the authenticity of the communication. The subject of the CFIUS inquiry will then receive questions to determine if the transaction is one the Committee can review. All elements of the non-notified process are confidential.

Listen as our authoritative panel of international trade attorneys discusses the CFIUS process for reviewing 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.

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Outline

  1. CFIUS process for non-notified transactions
    1. Overview of non-notified transactions
    2. Identifying
    3. Communications
    4. Reviewing
  2. Recent CFIUS scrutiny of non-notified transactions
  3. Best practices
    1. Managing the non-notified process
    2. Managing the increased risk for transaction parties

Benefits

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?

Faculty

Schomig, Keith
Keith Schomig

Partner
White & Case

Mr. Schomig is counsel in the Firm's National Security and CFIUS (Committee on Foreign Investment in the United...  |  Read More

Mildorf, Karalyn
Karalyn Mildorf

Partner
White & Case

Ms. Mildorf is a partner in the firm’s National Security and CFIUS practice, focusing her practice in the areas...  |  Read More

Walker, Andrew
Andy M. Walker

Partner
Accenture Strategy

Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial...  |  Read More

Brady, Ryan
Ryan Brady

Counsel
White & Case

Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign...  |  Read More

Donahue, Jack
Jack F. Donahue

Managing Director
Accenture Strategy

Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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