Key CFIUS Developments: Increased Enforcement Activity, Regulatory Updates, Recent Decisions
Preparing for Reviews, Navigating Investigations, 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 U.S. 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 regulatory trends, and the impact on the CFIUS process. The panel will offer best practices for navigating CFIUS issues in the pre-deal period, during the CFIUS process, and post-transaction considering the added complexities implicated by recent developments.
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 recent regulatory developments have expanded CFIUS' authority?
- What are the lessons for counsel from recent CFIUS decisions and other relevant developments?
- What steps should counsel and companies take to comply with the regulations and address potential issues when considering transactions involving 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
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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