Key CFIUS Developments: Increased Enforcement Activity, Regulatory Updates, Recent Decisions
Preparing for Reviews, Navigating Investigations, Negotiating and Understanding Mitigation
A live 90-minute CLE video webinar with interactive Q&A
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.
- Key CFIUS developments and their implications
- Navigating the CFIUS process
- Assessing and assigning the risk
- Strategic deal structuring
- Mitigation negotiation
- Business impacts
- Closing before approval
- Operating with mitigation
- Follow-on transactions and corporate citizenship
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?
Jack F. Donahue
Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech... | Read More
Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech and Telecom companies to assess, plan for and mitigate the operational and financial implications of National Security regulatory requirements. He has experience advising clients through CFIUS negotiations, implementation of CFIUS and FOCI-mitigation agreements and business unit carve outs required to meet National Security requirements.Close
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.Close