CFIUS: Reform, Investments From China, and CFIUS Risk

Implications and Implementation of Foreign Investment Risk Review Modernization Act

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


Conducted on Thursday, September 13, 2018

Recorded event now available

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Program Materials

This CLE webinar will guide counsel to U.S. businesses accepting foreign investments and examine the Foreign Investment Risk Review Modernization Act (FIRRMA). The panel will also discuss lessons from recent Committee on Foreign Investment in the United States (CFIUS) decisions. The panel will offer best practices for companies navigating the CFIUS process in light of recent developments.

Description

The current administration is seeking to curb Chinese investment in the U.S., which was approximately $170 billion from 2005 through 2017, and establish roadblocks over which such investment must overcome. Foreign investment concerns are not limited to China.

The president signed the FIRRMA into law Aug. 13, 2018, expanding the scope of national security reviews of foreign investments in the U.S. and make mandatory declarations for some foreign investments. The White House has stated that it will “implement it promptly and enforce it rigorously, with a view toward addressing the concerns regarding state-directed investment in critical technologies identified in the Section 301 investigation.”

Under the new law, the government will have new regulatory authority over future investment controls. Counsel must understand the CFIUS risk involved and be prepared to navigate through the new CFIUS reforms.

Listen as our authoritative panel examines the current legislation and the reform to CFIUS that it will bring. The panel will discuss investments from China and the CFIUS risk involved as well as the increasing CFIUS caseload.

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Outline

  1. FIRRMA and the reform it brings
  2. Investments from China and the CFIUS risk
  3. Increasing CFIUS caseload

Benefits

The panel will review these and other relevant issues:

  • How does it become more challenging to get clearance for acquisitions that raise national security concerns under the new legislation?
  • What steps should counsel and companies take to comply with the regulations and address potential issues when considering foreign investment opportunities or working with foreign investors?
  • What are the lessons for counsel from the recent CFIUS decisions and other relevant developments?

Faculty

Schomig, Keith
Keith Schomig

Counsel
White & Case

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

Walker, Andrew
Andy M. Walker
Managing Director
Accenture - Strategy

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

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48 hours after event

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