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
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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?
Lucille (Luci) Hague
Kirkland & Ellis
Ms. Hague advises clients on complex cross-border transactional and counseling matters that touch U.S. national... | Read More
Ms. Hague advises clients on complex cross-border transactional and counseling matters that touch U.S. national security and foreign investment, including reviews by the Committee on Foreign Investment in the United States (CFIUS), economic sanctions administered by Treasury’s Office of Foreign Assets Control (OFAC), export controls (ITAR/EAR), antiboycott regulations, anti-money laundering laws and regulations (FinCEN), and anti-corruption (FCPA).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