Foreign Investment Due Diligence: Navigating Mandatory Reviews, Expanding Scope and Regulation, Mitigating Risk
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide foreign investors' counsel on the current trends in global regimes overseeing foreign investments. The panel will discuss the mandatory reviews and how they may be evolving. The panel will also discuss the interplay with antitrust laws and offer best practices for navigating the review process.
Outline
- Current trends in global regimes overseeing cross-border investments
- U.S.
- China
- Key countries in the EU
- UK
- Other countries where significant cross-border investment activity occurs
- Mandatory reviews of cross-border investments
- Evolving playing field: will more mandatory reviews be involved?
- Interplay with antitrust
- Best practices
Benefits
The panel will review these and other key issues:
- How are global regimes for foreign investments evolving?
- What best practices should counsel employ when navigating mandatory reviews?
- What steps should investors take to mitigate risk with FDI?
Faculty
Giovanna M. Cinelli
Partner
Morgan, Lewis & Bockius
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for... | Read More
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for more than 30 years, she counsels clients in the defense and high-technology sectors on a broad range of issues affecting national security and export controls, including complex export compliance matters, audits, cross-border due diligence, and export enforcement, both classified and unclassified. Ms. Cinelli handles complex civil and criminal export-related investigations and advises on transactional due diligence for regulatory requirements involving government contracts, export policy, and compliance, as well as settlement of export enforcement actions before the U.S. departments of State, Commerce, Treasury, and Defense, and related agencies. Ms. Cinelli regularly speaks and writes on international arms trade, technology transfer, national security cross-border requirements, and export issues. She has participated in panel discussions related to CFIUS and technology transfer hosted by the Center for Strategic and International Studies and the Council on Foreign Relations.
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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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Orion Berg
Partner
White & Case
Mr. Berg practices competition law and regulation, with a focus on electronic communications law, energy law, as well... | Read More
Mr. Berg practices competition law and regulation, with a focus on electronic communications law, energy law, as well as sectors subject to EU regulatory law. He has extensive experience dealing with competition law disputes, regulatory matters as well as assisting clients including private equity funds in the context of multijurisdictional merger control filing. He also advises clients with their operations on regulated markets and dealings with public authorities in economic investigations, including litigation before administrative courts. He represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in France, to ensure that their business operations are fully compliant with all applicable regulations. He represents clients in national security reviews before the French Ministry of Economy with respect to commitment proceedings and prior clearance/comfort procedures under the regime of foreign investments control.
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