Key CFIUS Developments: Lessons From Recent CFIUS Decisions and Implications of the New Administration

Preparing for Reviews, Navigating Investigations, and Negotiating and Understanding Mitigation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, September 6, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to U.S. businesses accepting foreign investments, discuss lessons from recent Committee on Foreign Investment in the United States (CFIUS) decisions and the potential implications of the new administration. The panel will offer best practices for companies navigating the CFIUS process in light of recent developments.

Description

The CFIUS process has become increasingly important as CFIUS reviews reached record numbers in 2016 and 2017 is continuing that trend. Enhanced national security was a theme of the Trump campaign, and despite the fact that CFIUS was not included in the president’s 100-day plan, more stringent CFIUS reviews are likely on the way.

Our panel will provide a close examination of recent transactions and cases, offering insights for counsel on the impact of CFIUS on businesses in today’s environment. In addition, our panel will focus on the potential impacts of the new administration on CFIUS and what investors can expect.

Counsel must understand the breadth of what constitutes national security matters and what mitigation could look like. Investors must consider potential CFIUS issues in any case involving foreign direct investment into the U.S., particularly if the investor is from an emerging country or one otherwise viewed with heightened scrutiny.

Listen as our authoritative panel of experienced practitioners discusses the latest CFIUS developments, examining recent transactions, industries involved, and investigations. The panel will address how the new administration is approaching CFIUS and expected changes in CFIUS. The panel will offer best practices for navigating pre-deal, active and post-transaction CFIUS process in light of the added complexities implicated by these developments.

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Outline

  1. Key developments, a new administration and the 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 are the lessons for counsel from the recent CFIUS decisions and other relevant developments?
  • Will it become more difficult to get clearance for acquisitions that raise national security concerns under the new administration?
  • What steps should counsel and companies take to comply with the regulations and address potential issues when considering foreign investment opportunities or working with foreign investors?

Faculty

Jalinous, Farhad
Farhad Jalinous

Partner
White & Case

Mr. Jalinous heads the firm's National Security and CFIUS practice. His experience includes negotiating some of the...  |  Read More

Andy M. Walker
Andy M. Walker
Managing Director
Accenture - Strategy

Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial...  |  Read More

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