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 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.
Outline
- FIRRMA and recent CFIUS regulations
- CFIUS trends and strategic considerations
- CFIUS mitigation agreements
- FOCI mitigation and team telecom considerations
- Best practices for being prepared
Benefits
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?
Faculty
Scott Boylan, JD, LL.M.
Partner
StoneTurn Group
Mr. Boylan has more than 30 years of experience in advising public- and private-sector organizations on a broad range... | Read More
Mr. Boylan has more than 30 years of experience in advising public- and private-sector organizations on a broad range of international legal and business issues, including trade compliance, investment security and government contracting. He has been involved in all aspects of the Committee on Foreign Investment in the United States (CFIUS), from negotiating mitigation agreements for the government, sellers and buyers to establishing and leading compliance protocols for mitigated companies.
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Ryan Brady
Counsel
White & Case
Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign... | Read More
Mr. Brady practices in the firm’s Global International Trade group and is a member of the firm’s Foreign Direct Investment Reviews & US National Security/CFIUS practice. A former government official, he most recently served as Deputy General Counsel at the Department of the Treasury, where his responsibilities included managing significant oversight and investigations matters and providing legal and strategic counsel on a wide variety of issues about international affairs (including CFIUS), enforcement and intelligence (including sanctions and AML), banking and finance, and tax. He also previously held other senior-level positions in the federal government, including Associate Counsel to the President in the White House Counsel’s Office and Executive Secretary at the Treasury Department. Earlier in his career, he was an associate at White & Case, where his practice focused on government and internal investigations, corporate compliance matters, and complex civil litigation. His experience includes representing domestic and foreign clients in cases involving corruption, money laundering, fraud, and collusion.
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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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