CFIUS and FINSA Hot Topics in 2014
Overview:The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of CFIUS and FINSA Hot Topics for 2014.
In a two-hour live webcast, the speakers will discuss:
- CFIUS and FINSA 2014: an overview
- Emerging trends and issues involving foreign investment in high technology
- Tips in achieving a successful acquisitions process
- Compliance and best practices
- Latest regulatory updates
Covington & Burling LLP
- What is CFIUS and why does it matter for M&A?
- Trends on Chinese Investment and Impact on CFIUS
- Strategies for Managing CFIUS: Lessons from Successful CFIUS Cases
Dykema Gossett PLLC
John C. Dickey,
- CFIUS: Post-FINSA Overview
- Current Developments in CFIUS
- Notable Recent Cases & Transactions
- Determining Whether (and When) to File with CFIUS
- Top Five Mistakes Made by CFIUS Filers
- CFIUS Mitigation Measures: Current Best Practices
Miller Canfield, P.L.C
Jeffrey G. Richardson
- Analyzing a Potential Transaction
- Critical Infrastructure
- Critical Technologies
- CFIUS Review of Chinese Transactions
- Recent CFIUS Trends
Alston & Bird LLP
Jason M. Waite
- Acquisition of cleared companies
- New DoD rule on mitigation of Foreign Ownership, Control or Influence (“FOCI”)
- More stringent timing requirements for reaching mitigation agreement with DoD
- Mandatory DSS notification to CFIUS and possible extension of CFIUS review period
- FOCI mitigation and negation measures
- New DoD rule on mitigation of Foreign Ownership, Control or Influence (“FOCI”)
- Political considerations in CFIUS-reviewed acquisitions
Harris, Wiltshire & Grannis LLP
Kent D. Bressie
- Issues with overlapping reviews involving the same agencies
- Sequencing CFIUS, Team Telecom, and Defense Security Service reviews in telecom-sector and defense contractor scenarios
- Differences between Team Telecom network security agreements and CFIUS mitigation agreements
- Disparate agency definitions of “foreign”
- CFIUS “foreign entity” test and exceptions
- DDTC “foreign person” definition
- DSS “foreign ownership, control, or influence” criteria
- Practical issues
- How does one obtain a determination under the CFIUS definition of “foreign entity”?
- Should one argue in a notice that a transaction is not a “covered transaction”?
Who Should Attend:- Compliance officer
- Compliance Professionals
- Target Companies for Foreign investment
- General Counsel
- Regulatory and Policy Managers
- Senior Management
- Prospective investors in U.S. Companies and Their Advisers
- Attorneys (Foreign Investment; National Security, International Trade Practice)
- And other interested professionals
Damara Chambers is a special counsel in the Washington, D.C. office of Covington & Burling LLP. Her practice focuses on national security law, cross-border investment issues and the application of international trade controls. Ms. Chambers has extensive experience handling complex regulatory matters relating to international investment and mergers, including advising foreign and domestic clients in successful national security reviews before the Committee on Foreign Investment in the United States (CFIUS) and advising companies regarding the mitigation of foreign ownership, control or influence (FOCI) under national industrial security regulations administered by the Defense Security Service (DSS) and Department of Energy. Ms. Chambers also advises companies on compliance and enforcement matters relating to US export controls administered by the Departments of State, Commerce, and Energy and the Nuclear Regulatory Commission, economic sanctions administered by the Department of the Treasury, and import and licensing requirements imposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Damara Chambers is a special counsel in the Washington, D.C. office of Covington & Burling LLP. Her practice focuses on …
John C. Dickey, a member in Dykema's Dallas office, concentrates his practice on securities, corporate finance, antitrust and commercial law. He is a former Associate General Counsel for a Fortune 20 company. He counsels both private and public companies, across a wide range of industries, in a variety of corporate law matters including in such areas as international mergers and acquisitions, public and private financings, restructuring, stock splits, spin-offs, regulatory compliance, securities law and strategic alliances. He also advises foreign investors on United States legal issues and United States companies on dealings with foreign companies and investment.
John C. Dickey, a member in Dykema's Dallas office, concentrates his practice on securities, corporate finance, antitrust and commercial law. …
Jeffrey Richardson advises multinational clients in the information technology and defense sectors on matters including mergers and acquisitions, distribution agreements, joint ventures, and strategic corporate structuring.
Specifically, Jeffrey brings expertise in matching operational business execution requirements with functional business structures. He is frequently engaged in advising clients of export control compliance, as well as the impact of intellectual property matters within business structures. His breadth of experience is informed by a business management and litigation background.
Jeffrey Richardson advises multinational clients in the information technology and defense sectors on matters including mergers and acquisitions, distribution agreements, …
Jason Waite is a partner in the Washington office of Alston & Bird. His practice is concentrated on export controls, economic sanctions and related national security and regulatory matters impacting international business. His work revolves around corporate compliance, strategic transactions, and enforcement defense.
In transactional and strategic planning matters, Jason advocates for favorable commodity jurisdiction and export classification determinations, spearheads complex export license applications, and conducts trade compliance due diligence. He counsels companies considering voluntary notification of transactions to the Committee on Foreign Investment in the United States (CFIUS), and represents clients before CFIUS in foreign direct investment reviews. He also advises clients in security clearance matters under the National Industrial Security Operating Manual, including in the negotiation and implementation of agreements to mitigate Foreign Ownership Control or Influence (FOCI), which are often a key component of a successful CFIUS review.
Jason Waite is a partner in the Washington office of Alston & Bird. His practice is concentrated on export controls, …
Kent Bressie is a partner and head of international practice at the law firm of Harris, Wiltshire & Grannis LLP in Washington, D.C. An expert on international trade and investment and telecommunications regulation, he specializes in cross-border regulation of investment, technology, and infrastructure. He regularly represents critical infrastructure owners, defense contractors, and technology businesses to obtain clearances from the Committee on Foreign Investment in the United States, negotiate network security agreements with the “Team Telecom” agencies, negotiate industrial security arrangements with the Defense Security Service, develop and implement cybersecurity plans, and comply with U.S. export controls and economic sanctions. He also represents telecommunications network owners in variety of public international law and law of the sea matters. He works extensively in the undersea cable sector and has led various industry-wide regulatory-reform and cable-protection initiatives. He currently chairs the undersea cable protection working group of the Federal Communications Commission’s Communications Security, Reliability, and Interoperability Council.
Kent Bressie is a partner and head of international practice at the law firm of Harris, Wiltshire & Grannis LLP …
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About Covington & Burling LLP
Covington & Burling LLP is a full-service firm with approximately 850 lawyers in offices in Beijing, Brussels, London, New York, San Diego, San Francisco, Seoul, Shanghai, Silicon Valley and Washington. Covington practices as one firm, holding closely to core values that start with a deep commitment to our clients and the high quality of our work on their behalf, and that include an emphasis on teamwork among our lawyers and other professionals and a belief in the obligation of lawyers to make legal services available to all who need them.
About Dykema Gossett PLLC
Dykema serves business entities worldwide on a wide range of complex business issues. Dykema lawyers and other professionals in 12 U.S. offices work in close partnership with clients—from start-ups to Fortune 100 companies—helping them skillfully address legal and regulatory challenges so that they can achieve business success. In every engagement—whether transactional, litigation, government policy, intellectual property, tax or other related legal services—Dykema seeks to deliver outstanding results, unparalleled service and exceptional value. To learn more, visit www.dykema.com and follow Dykema on Twitter https://twitter.com/Dykema.
About Miller Canfield, P.L.C
Miller Canfield is an international law firm that serves the complex legal needs and business objectives of domestic business entities and foreign multinational companies whose commerce, profits and growth are connected to the increasingly interdependent and expanding world economy. The firm’s attorneys have been a presence in international business and trade law for decades, and are called upon to assist foreign and U.S. clients, as well as foreign consulates and trade offices, state agencies and local governmental units with matters involving international law.
About Alston & Bird LLP
With more than 800 attorneys, Alston & Bird is a leading national AmLaw 50 firm. The firm’s core practice areas are intellectual property, complex litigation, corporate and tax, with national industry focuses that include financial services, technology, health care, manufacturing, life sciences and energy. The firm has built a reputation as one of the country’s best employers, appearing on FORTUNE magazine’s ranking of the “100 Best Companies to Work For” 15 consecutive years, an unprecedented accomplishment among law firms in the United States. The firm has offices in Atlanta, Brussels, Charlotte, Dallas, Los Angeles, New York, Research Triangle, Silicon Valley and Washington, D.C.
About Harris, Wiltshire & Grannis LLP
Wiltshire & Grannis LLP is one of the preeminent communications and information technology law firms in the United States. The firm’s clients include Fortune 500 companies, entrepreneurs, investors, trade associations, and non‐profit organizations. With many former senior government officials, federal prosecutors, Congressional staff, and experienced litigators, HWG lawyers advise their clients on how decision makers think, how legal and political institutions work in the real world, and how those institutions can affect a transaction or business plan. Our international trade, investment, and national security practice has achieved many firsts in matters involving regulation of foreign investment, transactions with foreign policy and national security components, and technology exports. Our communications regulatory practice is home to legal, policy, and engineering experts with both private-sector and senior government experience in virtually every area of communications and technology law and is renowned for its undersea cable and international work.