New CFIUS Pilot Program: Expanded Jurisdiction, Reporting Requirements for Non-Controlling Investments
Ensuring Compliance in the Evolving CFIUS Landscape
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel on navigating the new Committee on Foreign Investment in the United States (CFIUS) pilot program. The panel will examine its rules and requirements as well as discuss when an investment is a covered transaction under the Foreign Investment Risk Review Modernization Act of 2018's (FIRRMA's) expanded scope. The panel will offer best practices to ensure compliance with the new requirements.
Outline
- New pilot program
- What's covered, what's not
- Exemptions
- Penalties for failing to comply
- New requirements
- Emerging technologies
- Compliance with new requirements
Benefits
The panel will review these and other key issues:
- How has FIRRMA expanded the scope of what is a covered transaction?
- What steps should counsel and companies take to comply with the new requirements and address potential issues when considering foreign investment opportunities or working with foreign investors?
- What exemptions does the pilot program provide?
Faculty
Farhad Jalinous
Partner
White & Case
Mr. Jalinous heads the firm's National Security and CFIUS practice. His experience includes negotiating some of the... | Read More
Mr. Jalinous heads the firm's National Security and CFIUS practice. His experience includes negotiating some of the most complex and sensitive national security agreements approved by the US government. He represents clients in Exon-Florio reviews before CFIUS, as well as before several federal agencies, including the Department of Defense and the Department of Energy, with respect to mitigation of foreign ownership, control or influence (FOCI) under the applicable national industrial security regulations.
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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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