The Upside to CFIUS Review: How to Weigh the Costs and Benefits of Engaging the Committee

Parties to cross-border transactions and investments actively consider regulatory and related due diligence as key elements of successful deals. Thorough, detailed diligence allows the parties to manage risk, gauge legal requirements, and determine whether, when, and how to engage US regulators as part of their transaction.

A high priority for many cross-border transactions is an assessment of whether to reach out to the Committee on Foreign Investment in the United States (CFIUS) due to potential national security or critical infrastructure issues associated with the transaction or investment. Engaging effectively with CFIUS calls for a keen understanding of the regulatory issues involved in the transaction as well as the equities of CFIUS members, both of which are essential to a proper assessment of whether to notify a transaction.

Please join us for an in-depth discussion of these timely issues. This event is also being offered as a webinar. Partners Giovanna M. Cinelli and Kenneth Nunnenkamp will be joined by Richard Sofield, Director of Foreign Investment Review Staff - National Security Division of the DOJ, and David Jividen, Attorney-Advisory - National Security Division of the DOJ.

TOPICS WILL INCLUDE:

• Key CFIUS-related factors to consider when conducting regulatory due diligence
• Information essential to a CFIUS analysis and how informed due diligence can impact the manner in which parties engage with CFIUS
• Ways to assess the costs and benefits of CFIUS review

Questions/Registration:

Please contact Stefani Cornwall at stefani.cornwall@morganlewis.com or +1.215.963.5615.