CFIUS Developments - Foreign Investment Review, Mitigation, and Enforcement in a Time of Turmoil and Change

The Committee on Foreign Investment in the United States (CFIUS) is exercising its new statutory authority to scrutinize transactions that may present national security risk. Recent headlines have identified multiple instances where CFIUS has intervened to unwind transactions.

Concurrently, a number of completed deals are now covered by CFIUS-required mitigation agreements to address national security concerns. Prudent investors and potentially impacted sellers are increasingly insistent on diligence, prophylactic design, and similar measures to address national security risk. This escalated national security oversight of foreign investment is now playing out against the unanticipated backdrop of the COVID-19 crisis.

Join an expert panel of inhouse compliance leaders, regulatory counsel, former CFIUS officials, and professional services practitioners for the first of a series of related webinar-based discussions of CFIUS regulation in the current environment. This session will focus on mitigation and enforcement-oriented issues particularly affecting deals covered by CFIUS mitigation agreements, including:

  • Big trends around CFIUS mitigation and enforcement.
  • Principal concerns and preferred approaches regarding mitigation at the CFIUS Monitoring Agencies (CMAs).
  • Changes to CFIUS mitigation expectations and practices in the new risk, policy, and regulatory environment and significant recent innovations.
  • Biggest challenges for a CFIUS mitigated entity and successful strategies to address them.
  • Role of key personnel in mitigation agreements (including Security Officers, Directors, Monitors, and Auditors).
  • Various types of mitigation agreements and the most favored controls.
  • How organizations and the CMAs address mitigation resourcing and cost considerations.
  • Lessons learned from first-hand experience designing and implementing mitigation controls.
  • Impact of COVID-19 crisis on mitigation oversight activity.
  • Considerations CFIUS enforcement authorities are focused on.

For more information, contact Candace Spencer at [email protected].

Note - CLE credits in New York, California, and Texas are being coordinated.

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