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Key CFIUS Developments: Increased Enforcement Activity, Regulatory Updates, Recent Decisions

Preparing for Reviews, Navigating Investigations, Negotiating and Understanding Mitigation

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 Wednesday, March 6, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel to U.S. businesses that are considering accepting foreign investments and foreign companies looking to invest in the U.S. about how best to address the Committee on Foreign Investment in the United States (CFIUS) issues. Our speakers will discuss lessons from recent CFIUS decisions, emerging regulatory trends, and the impact on the CFIUS process. The panel will offer best practices for navigating CFIUS issues in the pre-deal period, during the CFIUS process, and post-transaction considering the added complexities implicated by recent developments.

Description

The CFIUS process has become increasingly crucial as CFIUS reviews have reached record numbers in recent years and can have a substantial impact on cross-border deals. The Foreign Investment Risk Review Modernization Act (FIRRMA) was enacted in 2018, expanding the scope of national security reviews of foreign investments in the U.S. and making mandatory declarations for some foreign investments.

Additionally, the Biden administration has actively defined and set boundaries related to foreign investment in the U.S. through recent executive orders directing CFIUS to prioritize certain national security risks when reviewing covered transactions and creating a new regime to screen and possibly prohibit outbound U.S. investments in certain Chinese technology sectors. The U.S. Senate also recently adopted two amendments to the National Defense Authorization Act that would update CFIUS and impact cross-border transactions.

Counsel must understand the breadth of what can be deemed relevant to national security and the range of possible mitigation measures should CFIUS have concerns about a transaction.

Listen as our expert panel discusses the latest CFIUS regulatory developments, examines recent transactions, and highlights industries of particular CFIUS interest. The panel will offer best practices for navigating CFIUS issues in the pre-deal period, during the CFIUS process, and post-transaction considering the added complexities implicated by recent developments.

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Outline

  1. Key CFIUS developments and their implications
  2. Navigating the CFIUS process
    1. Assessing and assigning the risk
    2. Strategic deal structuring
    3. Mitigation negotiation
  3. Business impacts
    1. Closing before approval
    2. Operating with mitigation
    3. Follow-on transactions and corporate citizenship

Benefits

The panel will review these and other key issues:

  • What recent regulatory developments have expanded CFIUS' authority?
  • What are the lessons for counsel from recent CFIUS decisions and other relevant developments?
  • What steps should counsel and companies take to comply with the regulations and address potential issues when considering transactions involving foreign investment opportunities in the United States?

Faculty

Donahue, Jack
Jack F. Donahue
Managing Director
Accenture Strategy

Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech...  |  Read More

Mildorf, Karalyn
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

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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