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Getting CFIUS Approval for Investments From and Deals With Foreign Businesses

Recent Regulatory Changes, Controls, and Mitigation Agreements

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, January 19, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel to U.S. businesses seeking and accepting foreign investments on the Committee on Foreign Investment in the United States (CFIUS) approval process. The panel will discuss what parties need to do to be well prepared to get CFIUS approval for investments and deals. The panel will examine the recently issued CFIUS regulations and the requirements for mitigation agreements, as well as offer best practices for CFIUS approval.


With recent regulatory changes and heightened attention on national security, CFIUS continues to be a hurdle for cross-border M&A and counsel involved in cross-border deals should consider what it takes to get CFIUS approval as they structure these deals.

For example, U.S.-China relations have been a political hot topic over the last few years and have resulted in heightened scrutiny of Chinese investment in U.S. businesses--including a number of failed deals. However, this does not preclude deals from getting approved.

CFIUS approval for deals may require some mitigation in order to address national security concerns. The review process may also involve parallel mitigation processes. For example, deals involving foreign investment in a cleared government contractor that handles classified information typically requires a mitigation agreement with the Defense Counterintelligence and Security Agency (DCSA). Certain telecom transactions may also require mitigation conditions on Federal Communications Commission licenses. Anticipating and preparing for mitigation requirements is a key component of effective cross-border deal planning.

Companies and their counsel must anticipate potential CFIUS and other national security regulatory concerns and be prepared to structure successful deals that meet the parties' goals for the transaction.

Listen as our authoritative panel of CFIUS counsel examines what parties need to do to be well prepared to get CFIUS approval for investments and deals. The panel will examine the recently issued CFIUS regulations, related national security regulatory processes, and issues pertaining to mitigation agreements. The panel will offer best practices for getting investments/deals approved by CFIUS.



  1. FIRRMA and recent CFIUS regulations
  2. CFIUS trends and strategic considerations
  3. CFIUS mitigation agreements
  4. FOCI mitigation and team telecom considerations
  5. Best practices for being prepared


The panel will review these and other key issues:

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


Boylan, Scott
Scott Boylan, JD, LL.M.

StoneTurn Group

Mr. Boylan has more than 30 years of experience in advising public- and private-sector organizations on a broad range...  |  Read More

Brady, Ryan
Ryan Brady

White & Case

Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign...  |  Read More

Mildorf, Karalyn
Karalyn Mildorf

White & Case

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

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