CFIUS Mitigation: Anticipating Requests, Structuring Agreements, Implementing Mitigation Measures
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for counsel to U.S. businesses accepting foreign investments on the CFIUS mitigation process. The panel will discuss how counsel can anticipate mitigation requests from CFIUS as well as the negotiation of the mitigation agreement. The panel will address potential mitigation pitfalls that may arise and offer guidance for implementing mitigation measures after the transaction is complete.
Outline
- Anticipating mitigation requests
- Mitigation agreements
- Managing mitigation pitfalls
- Implementing mitigation measures after the transaction
Benefits
The panel will review these and other key issues:
- What steps can counsel take to anticipate CFIUS mitigation requests?
- How can counsel identify and analyze potential mitigation pitfalls that could impact the deal?
- What best practices should counsel employ to evaluate the impact of mitigation on the transaction structure?
Faculty
Barbara D. Linney
Member
Miller & Chevalier Chartered
Ms. Linney advises U.S. and foreign clients across a broad spectrum of industries on international trade and business... | Read More
Ms. Linney advises U.S. and foreign clients across a broad spectrum of industries on international trade and business issues. She regularly advises clients on a wide-range of issues, including economic sanctions and trade embargoes administered by OFAC, the U.S. Department of State, Canada, the United Kingdom and the European Union; international export and import controls, including U.S. controls imposed by the AECA and the ITAR and export controls imposed by the EAR; the FCPA, the UK Bribery Act and other anti-corruption legislation, foreign investment review, and defense security. She is admitted to practice in Washington, DC, New York, Alberta, Canada and England and Wales.
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Karalyn Mildorf
Partner
Clifford Chance
Ms. Mildorf has nearly 20 years of experience representing clients in Committee on Foreign Investment in the... | Read More
Ms. Mildorf has nearly 20 years of experience representing clients in Committee on Foreign Investment in the United States (CFIUS) and foreign ownership, control or influence (FOCI) mitigation matters. She also advises clients on the US Outbound Investment Security Program and in national security reviews before Team Telecom. Ms. Mildorf has advised clients on CFIUS issues in thousands of transactions covering a wide variety of industries and investor countries. She strategically guides clients through assessing national security risks for deals, transaction structuring and jurisdictional considerations, negotiation of deal terms, all stages of the CFIUS filing and review process, engagement with relevant government officials, CFIUS mitigation negotiation and implementation, CFIUS inquiries regarding non-notified transactions, and CFIUS enforcement actions. Ms Mildorf also has extensive experience representing clients in FOCI mitigation matters. She has negotiated, prepared, and advised regarding compliance with, and implementation of, numerous FOCI mitigation arrangements, including Special Security Agreements, Proxy Agreements, Security Control Agreements, and FOCI Board Resolutions.
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