Impact of FIRRMA on Private Equity Funds: Expanded CFIUS Review of Foreign Investments, New Filing Requirements
Structuring Investments to Minimize CFIUS Risk
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will examine the impact of newly enacted CFIUS reforms on private investment funds. The panel will discuss the regulatory hurdles and filing requirements created under the Foreign Investment Risk Review Modernization Act (FIRRMA) and how best to structure foreign investments in private equity and other investment funds to minimize CFIUS risk.
- CFIUS: Authority before recent reform; M&A review
- FIRRMA: Policy concerns with other types of foreign investment
- Expanded CFIUS authority
- Non-controlling investments in companies involved in critical technology, critical infrastructure and sensitive personal data
- Deals involving real estate in close proximity to sensitive U.S. government facilities and air or sea ports
- Changes in investor rights that would result in control of a U.S. business or a covered non-controlling investment
- Transactions intended to evade or circumvent
- Carve-outs for investment funds
- Mandatory and voluntary declarations
- Other significant changes
The panel will review these and other high priority issues:
- How does FIRRMA expand CFIUS’s authority to review foreign investment in the United States?
- What types of investment are of most concern to CFIUS under the new regime?
- How should investment funds respond to this new law?
Christian C. Davis
Akin Gump Strauss Hauer & Feld
Mr. Davis’ practice focuses on U.S. law and policy affecting international trade and business. He advises clients... | Read More
Mr. Davis’ practice focuses on U.S. law and policy affecting international trade and business. He advises clients on foreign investment, export controls, sanctions, anticorruption, and customs laws. Mr. Davis’ practice focuses on representing clients in the merger, acquisition and divestiture process before the CFIUS and on accounting for associated risks. He also advises clients in negotiating and implementing CFIUS mitigation agreements, developing and administering international trade compliance programs .and conducting internal investigations.Close
For more than 20 years, Ms. Fraedrich has been helping clients achieve their goals in complex international trade... | Read More
For more than 20 years, Ms. Fraedrich has been helping clients achieve their goals in complex international trade matters, including CFIUS, economic sanctions, export control, customs, and trade remedy matters. Clients in the energy, semiconductor, telecommunications, aerospace and defense, and transportation sectors have relied on Ms. Fraedrich to handle their CFIUS filings. She advises and represents clients in foreign direct investment matters, including filing CFIUS notices and negotiating mitigation agreements. She also represents clients in export control matters, including issues related to ITAR, the Export Administration Regulations, and the various embargoes administered by the OFAC.Close
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
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