CFIUS and the Heightened Enforcement Environment: Recent Trends and Strategies for Effectively Managing CFIUS Risks
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide a comprehensive analysis of the evolving landscape of Committee on Foreign Investment in the United States (CFIUS) enforcement and monitoring, and its impact on cross-border transactions. Our expert panel will offer insights into recent enforcement trends and address CFIUS’ heightened focus on industries such as technology, infrastructure, and data. The panel will also discuss best practices for developing a proactive CFIUS strategy.
Outline
- CFIUS Overview and Trends
- CFIUS Enforcement Authority & Guidelines
- Best Practices for Due Diligence and Filings
- Implications on Mitigation Agreements and Compliance
Benefits
The panel will address these and other important issues:
- On what additional industries has CFIUS focused in recent years? Why?
- What are the most recent CFIUS enforcement trends? Penalties?
- Why should counsel encourage clients to proactively develop a CFIUS strategy? And what are best practices for doing so?
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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Keith Schomig
Partner, Litigation Department
Paul Hastings
Mr. Schomig is a partner in the National Security Regulation and Investigations and Global Trade Controls... | Read More
Mr. Schomig is a partner in the National Security Regulation and Investigations and Global Trade Controls practices of Paul Hastings and is based in the firm’s Washington, D.C. office. He focuses his practice in the areas of national security reviews before the Committee on Foreign Investment in the United States (CFIUS), as well as foreign ownership, control, or influence (FOCI) mitigation matters before the U.S. Departments of Defense and Energy. Mr. Schomig's experience includes advising on major private equity investments and large-scale mergers and acquisitions across a broad range of industries. He has market-leading CFIUS and FOCI expertise from over 16 years of specialized experience advising clients in all aspects of the CFIUS and FOCI-mitigation processes, including strategic planning, risk assessment, due diligence, filing, and mitigation negotiation and implementation. Mr. Schomig has long been recognized as a leading CFIUS expert, with experience that includes negotiating numerous complex CFIUS mitigation agreements.
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