Impact of FIRRMA on M&A: New Pilot Program Notice Requirements, Expanded CFIUS Review of Foreign Investments
Drafting Acquisition Agreement Provisions to Address CFIUS Review
A live 90-minute premium CLE webinar with interactive Q&A
This CLE webinar will examine recent CFIUS reforms under the Foreign Investment Risk Review Modernization Act (FIRRMA) and their impact on M&A transactions involving foreign investors. The panel will discuss CFIUS' expanded review authority, notice and filing requirements under the new pilot program, and how to address risks and costs associated with the new CFIUS regime in acquisition agreements.
- CFIUS and FIRRMA
- Expanded review of covered transactions
- Foreign parties impacted
- Industries impacted
- Notice and approval process under pilot program
- Considerations for M&A
- Due diligence of parties to a transaction, analysis of industry and location
- Provisions to address CFIUS review acquisition documents
The panel will review these and other important issues:
- How has FIRRMA expanded on the CFIUS authority to review M&A transactions?
- What are the new notification requirements under the pilot program and how should they be addressed in acquisition agreements?
- How should the parties address the risk that a proposed deal will be denied between contract and closing?
- What is the appropriate level of due diligence that sellers should conduct on potential buyers?
Mario Mancuso, P.C.
Kirkland & Ellis
Mr. Mancuso leads the firm’s International Trade and National Security Practice. A former senior member of the... | Read More
Mr. Mancuso leads the firm’s International Trade and National Security Practice. A former senior member of the President’s national security team, he provides strategic and legal advice to companies, private equity sponsors, and financial institutions operating or investing across international borders. Mr.Mancuso is a leading advisor on matters involving the Committee on Foreign Investment (CFIUS), economic sanctions (OFAC), export controls (ITAR, EAR), and the Foreign Corrupt Practices Act (FCPA), earning praise from boards, CEOs and senior executives for his holistic and "very strategic" approach.Close
Sai S. Pidatala
Aside from being an experienced U.S. corporate transactional lawyer, Mr. Pidatala also spearheads the global Middle... | Read More
Aside from being an experienced U.S. corporate transactional lawyer, Mr. Pidatala also spearheads the global Middle East and India practices in conjunction with the firm’s deep bench of international corporate and commercial attorneys. He concentrates in M&A, cross-border transactions, and other general corporate and commercial work spanning the U.S., the Middle East and key markets in Asia including Hong Kong and Singapore. He has worked at law firms in New York, Dubai and Abu Dhabi. Mr. Pidatala advises clients in the energy, retail, hospitality, life sciences, logistics and manufacturing spaces. A seasoned technology transactions attorney, he has negotiated and finalized complex licensing, outsourcing and tech transfer agreements while providing regulatory and compliance advice on cutting-edge data protection, privacy and cybersecurity issues.Close
Sheppard Mullin Richter & Hampton
Mr. Whitten's practice focuses on international trade compliance and investigation work. He advises clients on... | Read More
Mr. Whitten's practice focuses on international trade compliance and investigation work. He advises clients on detecting and deterring potential compliance issues with U.S. and international anti-corruption laws, export controls, and sanctions regulations. Mr. Whitten also advises on anti-dumping, anti-boycott and Foreign Agent Registration Act compliance issues.Close
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