CFIUS Mitigation: Anticipating Requests, Structuring Agreements, Implementing Mitigation Measures

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, December 19, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to U.S. businesses accepting foreign investments on the CFIUS mitigation process. The panel will discuss how counsel can anticipate mitigation requests from CFIUS as well as the negotiation of the mitigation agreement. The panel will address potential mitigation pitfalls that may arise and offer guidance for implementing mitigation measures after the transaction is complete.

Description

The CFIUS process has become increasingly important as CFIUS reviews reached record numbers in 2016 and that trend is continuing in 2017. When CFIUS determines that a transaction presents a risk to national security, it may require mitigation measures to minimize the likelihood of foreign control or influence over the U.S. business.

The parties will negotiate the confidential terms of the mitigation agreement, which may include restricted access to certain information, that monitoring reports be provided to the U.S. government, divestment of certain business, or establishment of guidelines and terms for handling current or future U.S. government contracts.

Counsel should be prepared for potential mitigation requirements that could negatively impact or derail the transaction. Once the mitigation agreement is in place, implementation of mitigation measures is essential. Failure to comply with the mitigation agreement could result in penalties ranging from fines to unwinding of the deal.

Listen as our authoritative panel examines mitigation in the CFIUS context. The panel will discuss how counsel can anticipate mitigation requests from CFIUS as well as the negotiation of the mitigation agreement. The panel will address potential mitigation pitfalls that may arise and offer guidance for implementing mitigation measures after the transaction is complete.

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Outline

  1. Anticipating mitigation requests
  2. Mitigation agreements
  3. Managing mitigation pitfalls
  4. Implementing mitigation measures after the transaction

Benefits

The panel will review these and other key issues:

  • What steps can counsel take to anticipate CFIUS mitigation requests?
  • How can counsel identify and analyze potential mitigation pitfalls that could impact the deal?
  • What best practices should counsel employ to evaluate the impact of mitigation on the transaction structure?

Faculty

Linney, Barbara
Barbara D. Linney

Member
Miller & Chevalier Chartered

Ms. Linney advises U.S. and foreign clients across a broad spectrum of industries on international trade and business...  |  Read More

Mildorf, Karalyn
Karalyn Mildorf

Counsel
White & Case

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

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