The CFIUS Review Process: Current Issues and Enforcement Trends

Please join Morgan Lewis for a one-hour webinar outlining the CFIUS review process, practical considerations in assessing whether to file, and current investigation trends.

Companies with plans to invest in or acquire US businesses should consider filing for prior clearance by the Committee on Foreign Investment in the United States (CFIUS) if their plans have the potential to affect US national security interests or critical infrastructure, including in the energy, technology, and transport industries. These filings have become increasingly important in the US government's review of such transactions.

Topics of discussion will include:

• What CFIUS is
• Which transactions are considered "covered transactions" for review
• Recent review activity by CFIUS
• CFIUS filing process
• Critical questions in determining whether filing a proposed transaction is warranted
• Timing of review and practical considerations
• Possible mitigation agreements to address CFIUS concerns
• Recent challenges to transactions by CFIUS
• Future investigation trends and issues