Key CFIUS Developments: Lessons From Recent CFIUS Decisions and the CFIUS Overhaul
Preparing for Reviews, Navigating Investigations, and Negotiating and Understanding Mitigation
Recording of a 90-minute CLE video webinar with 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 United States 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 trends, and the impact of the changes to the CFIUS process. The panel will offer best practices for companies navigating the CFIUS process.
Outline
- 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
Benefits
The panel will review these and other key issues:
- What are the lessons for counsel from recent CFIUS decisions and other relevant developments?
- Will it become more difficult to get clearance for acquisitions that raise national security concerns under FIRRMA?
- What steps should counsel and companies take to comply with the regulations and address potential issues when considering foreign investment opportunities in the United States?
Faculty
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
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.
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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
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.
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Andy M. Walker
Partner
Accenture Strategy
Mr. Walker is a strategy consultant and advisor to clients who are working to understand the business and financial... | Read More
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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