Foreign Investment Due Diligence: Navigating Mandatory Reviews, Expanding Scope and Regulation, Mitigating Risk
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide foreign investors' counsel on the current trends in global regimes overseeing foreign investments. The panel will discuss the mandatory reviews and how they may be evolving. The panel will also discuss the interplay with antitrust laws and offer best practices for navigating the review process.
Outline
- Current trends in global regimes overseeing cross-border investments
- U.S.
- China
- Key countries in the EU
- UK
- Other countries where significant cross-border investment activity occurs
- Mandatory reviews of cross-border investments
- Evolving playing field: will more mandatory reviews be involved?
- Interplay with antitrust
- Best practices
Benefits
The panel will review these and other key issues:
- How are global regimes for foreign investments evolving?
- What best practices should counsel employ when navigating mandatory reviews?
- What steps should investors take to mitigate risk with FDI?
Faculty
Giovanna M. Cinelli
Partner
Morgan, Lewis & Bockius
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for... | Read More
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for more than 30 years, she counsels clients in the defense and high-technology sectors on a broad range of issues affecting national security and export controls, including complex export compliance matters, audits, cross-border due diligence, and export enforcement, both classified and unclassified. Ms. Cinelli handles complex civil and criminal export-related investigations and advises on transactional due diligence for regulatory requirements involving government contracts, export policy, and compliance, as well as settlement of export enforcement actions before the U.S. departments of State, Commerce, Treasury, and Defense, and related agencies. Ms. Cinelli regularly speaks and writes on international arms trade, technology transfer, national security cross-border requirements, and export issues. She has participated in panel discussions related to CFIUS and technology transfer hosted by the Center for Strategic and International Studies and the Council on Foreign Relations.
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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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Orion Berg
Partner
White & Case
Mr. Berg practices competition law and regulation, with a focus on electronic communications law, energy law, as well... | Read More
Mr. Berg practices competition law and regulation, with a focus on electronic communications law, energy law, as well as sectors subject to EU regulatory law. He has extensive experience dealing with competition law disputes, regulatory matters as well as assisting clients including private equity funds in the context of multijurisdictional merger control filing. He also advises clients with their operations on regulated markets and dealings with public authorities in economic investigations, including litigation before administrative courts. He represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in France, to ensure that their business operations are fully compliant with all applicable regulations. He represents clients in national security reviews before the French Ministry of Economy with respect to commitment proceedings and prior clearance/comfort procedures under the regime of foreign investments control.
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