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

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

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 6, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

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

Farhad Jalinous, Partner
White & Case, Washington, D.C.

Mr. Jalinous heads the firm's National Security and CFIUS practice. His experience includes negotiating some of the most complex and sensitive national security agreements approved by the US government. He represents clients in Exon-Florio reviews before CFIUS, as well as before several federal agencies, including the Department of Defense and the Department of Energy, with respect to mitigation of foreign ownership, control or influence (FOCI) under the applicable national industrial security regulations.

Andy M. Walker, Managing Director
Accenture - Strategy, Arlington, VA

Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial model impacts of the CFIUS requirements, and works with companies post-mitigation program to develop the programs and operating models required by CFIUS and FOCI-mitigation agreements. He has worked with major Telecom, High Tech and A&D clients to set-up special business entities, as well as to make the changes required to pass National Security audits.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

I appreciated the personal-level insights of the speakers.

Kendall Carter

King & Spalding

I thought the program was clear, concise and provided good examples.

John Schmeltzer

Patterson Belknap Webb & Tyler

There was a lot of information available on the slides, so it was easy to take notes and have a thorough take-away resource.

Harriet Bildsten

St. Jude Medical

Strafford webinars are convenient and reasonably priced.

Tina Funk

Schenck

The program’s content was excellent.

Vi Murdock

PAR Technology

or call 1-800-926-7926

International Law Advisory Board

Edward J. Fishman

Partner

Nossaman

Judith A. Lee

Partner

Gibson Dunn & Crutcher

Greta Lichtenbaum

Partner

O’Melveny & Myers

Kimberly A. Parker

Partner

WilmerHale

Kyle A. Wombolt

Partner

Herbert Smith

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.