CFIUS and the New Executive Order: Guidance on Review of National Security Risks, Tougher Due Diligence
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide counsel on the first Executive Order (EO) specifying national security risks for the Committee on Foreign Investment in the United States (CFIUS) to consider in reviews. The panel will examine the five specific factors the EO directs CFIUS to consider when undergoing national security reviews as well as related implications. The panel will discuss what this EO means for due diligence and offer best practices for managing CFIUS risks.
Outline
- New EO
- Factors
- Guidance
- Implications for due diligence
- Best practices
- Strategic considerations
- Managing the risk for transaction parties
Benefits
The panel will review these and other relevant issues:
- What guidance does the new EO provide for transaction parties?
- What are the implications for due diligence and CFIUS reviews?
- What steps should counsel and companies take to address CFIUS issues related to cross-border transactions?
Faculty
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
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.
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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
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.
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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
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.
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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
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.
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