transcript   Transcript

CFIUS Process, Risks, Opportunities, and Change

Recorded on: Nov. 3, 2017
Running Time: 01:07:34

Full Transcript:

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Taken from the briefing CFIUS Process, Risks, Opportunities, and Change recorded November 2017 in New York.

The Committee on Foreign Investment in the United States (“CFIUS”) is a United States Government interagency committee that evaluates the national security impact of certain foreign investments in U.S. companies. When CFIUS determines that a transaction presents a national security risk, it may require mitigation measures intended to insulate aspects of the U.S. business’s operations from foreign control or influence, such as divestiture of sensitive business segments or partition of information technology systems. If CFIUS determines that a transaction’s risks cannot be mitigated, it will recommend that the President block or unwind the deal. The number of CFIUS cases is at an all-time high and a dynamic policy environment is prompting re-evaluation of both the CFIUS legal framework and the approach CFIUS takes to reviewing transactions.

This presentation is intended to provide attorneys, business leaders, deal makers, and investors with a practical overview of the CFIUS process, material issues, mitigation considerations, and current policy landscape. The presenters will draw on their diverse, hands-on CFIUS experiences as in-house counsel, law firm attorneys, government regulators and analysts, and mitigation measure technical experts to provide interdisciplinary insight and practical strategies to successfully engage in the CFIUS process.

Lecture Topics  [01:07:34]

Questions addressed will include:

  • Why was CFIUS created, what is its authority, and what is its purpose?
  • Who comprises CFIUS and how does it work?
  • What is the CFIUS process and what are its timelines?
  • What issues and information are most salient to CFIUS?
  • What are some of the quantitative trends around CFIUS activity and actions?
  • Why, when, and how does CFIUS impose mitigation measures?
  • What are some examples of technical mitigation measures and how were they implemented?
  • How does the geopolitical environment affect CFIUS?
  • How is the political and legislative environment affecting CFIUS?
  • What are some of the industry and policy sectoral trends with CFIUS?
  • What are some successful strategies for engaging with CFIUS?
  • How can a company proactively develop and implement CFIUS risk mitigation measures?
  • How can a company effectively negotiate CFIUS mitigation instruments and agreements?
  • How can a company with CFIUS mitigation measures demonstrate credible compliance?

Presentation Material

  • CFIUS Process, Risks, Opportunities, and Change
    William Bray, Randall Cook, Michael Garson, Luke Tenery
William Bray ~ Ankura Consulting Group, LLC
Randall Cook ~ Senior Managing Director, Ankura Consulting Group, LLC
Michael Garson ~ Senior Managing Director, Ankura Consulting Group, LLC
Luke Tenery ~ Ankura Consulting Group, LLC
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