CFIUS Regulations and FINSA Compliance: Surviving Heightened Federal Scrutiny

Leveraging Lessons from Recent CFIUS Cases

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

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Conducted on Wednesday, May 7, 2014

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel to U.S. businesses accepting foreign investments, explain lessons from the Committee on Foreign Investment in the United States' (CFIUS) regulations, and discuss best practices for companies to comply with the regulations implementing the Foreign Investment and National Security Act of 2007 (FINSA).

Description

Chinese investment in the U.S. has hit record highs in recent years. China is not alone as foreign acquirers from a wide variety of nations continue to invest in the United States. Transactions involving a nexus to U.S. national security—which is interpreted broadly—should be reported to the Committee on Foreign Investment in the United States (CFIUS). While most CFIUS reviews are completed successfully, in some cases CFIUS will require mitigation measures as a condition for approval or to deter transactions.

In light of these considerations, coordination and preparation in connection with CFIUS filings is more important than ever. Mitigation requirements can significantly impact the rationale underlying deals, so it is important to consider potential areas of sensitivity and prepare for potential contingencies from the outset. CFIUS' approval of recent acquisitions by Chinese investors offers many lessons for U.S. companies and their counsel on recent trends in the CFIUS process.

Our panel will offer a close study of recent transaction successes and collapses, offering insights for counsel on the CFIUS review process when preparing for potential transactions to identify potential problems and address them proactively.

Listen as our authoritative panel of experienced practitioners examines the application of the CFIUS regulations and lessons learned from recent actions, the intersection of CFIUS processes and other national security review processes, and provide best practices for complying with the regulations.

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Outline

  1. Recent developments and implications of recent decisions
  2. Intersection of CFIUS processes and other national security review processes
  3. Strategic considerations and regulatory compliance

Benefits

The panel will review these and other key questions:

  • What are the lessons for counsel from the treatment of investments by Chinese or other foreign entities under the CFIUS regulations?
  • What impact have the FINSA regulations had on transactions which present national security concerns?
  • What steps should counsel and companies take to comply with the regulations when considering foreign investment opportunities or working with foreign investors?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Karalyn Meany Mildorf
Karalyn Meany Mildorf
Counsel
Kaye Scholer

Ms. Mildorf focuses her practice in the areas of Exon-Florio reviews before the Committee on Foreign Investment in the...  |  Read More

Anne Salladin
Anne Salladin
Special Counsel
Stroock & Stroock & Lavan

Ms. Salladin, prior to joining the firm, served as Senior Counsel at the U.S. Department of the Treasury, where she...  |  Read More

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