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.


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.


  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


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?


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.

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