CFIUS and FINSA Hot Topics
Under the Foreign Investment and National Security Act of 2007 (FINSA), the Committee on Foreign Investment in the United States (CFIUS) is mandated to review and approve proposed acquisitions of U.S. companies by foreign investors for national security purposes. A recent report shows a considerable increase in M&A transactions especially with those involving U.S. critical technologies. Although CFIUS reiterates that the U.S. remains open to foreign investments, it will nonetheless continue to scrutinize these transactions especially with respect to ones involving high-tech products.
The Knowledge Group has assembled a team of key thought leaders to help make sense of the most important issues.
Among the key topics to be discussed will be:
– Significant issues involving foreign investment in high technology
– Updates on Recent M&A Transactions and Key Takeaways
– Guidance on the Stages of a Successful Acquisition Process (i.e. investment strategy, negotiations, drafting of notifications and coordinating with CFIUS)
– Regulatory Updates and Best Practices to Ensure Compliance
Paul Marquardt, Partner,
Cleary Gottlieb Steen & Hamilton LLP
** Speaker Talking Points to be added soon.. **
William A. Newman, Partner,
** Speaker Talking Points to be added soon.. **
Kenneth J. Nunnenkamp, Partner,
** Speaker Talking Points to be added soon.. **
Laura Fraedrich, Partner,
Kirkland & Ellis LLP
- Amendment to Defense Production Act of 1950 and beginning of CFIUS process
- Dubai Ports World and increased interest
- FINSA and current law
Who Should Attend:
– Prospective investors in U.S. Companies and Their Advisers
– General Counsel
– Target Companies for Foreign investment
– Attorneys (Foreign Investment; National Security, International Trade Practice)
– Senior Management
– Regulatory and Policy Managers
– Compliance Officers
– And other interested professionals
Laura Fraedrich represents clients in a broad range of export control, customs, and trade remedy matters. She advises and represents clients with respect to export control matters, including issues related to the International Traffic in Arms Regulations, the Export Administration Regulations, and the various embargoes administered by the Office of Foreign Assets Control. She also represents importers in all types of U.S. customs matters, including ruling requests, prior disclosures, protests, penalties, seizures, liquidated damages, and audits covering classification, valuation, country of origin, and trade preference issues. Her trade remedy experience includes antidumping and countervailing duty matters, Section 201 and Section 421 proceedings, and Section 337 cases. Antidumping and countervailing duty experience extends to all areas of such proceedings at both the U.S. Department of Commerce and the U.S. International Trade Commission, including investigations, administrative reviews, sunset reviews, scope inquiry proceedings, and changed circumstances reviews, as well as NAFTA panel reviews. She also assists companies in evaluating whether to seek clearance for foreign acquisitions in the United States and prepares joint notifications to the Committee on Foreign Investment in the United States. Finally, she counsels clients with respect to the Foreign Corrupt Practices Act and represents their interests before U.S. enforcement agencies.
Laura Fraedrich represents clients in a broad range of export control, customs, and trade remedy matters. She advises and represents …
Paul Marquardt is a partner based in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton LLP. Mr. Marquardt’s practice covers a broad range of cross-border transactional and regulatory matters. His transactional practice focuses on private equity investments, mergers and acquisitions, and joint ventures, particularly in the financial sector. Mr. Marquardt also has extensive experience in foreign investment review, economic sanctions, and anticorruption issues arising in cross-border transactions. He regularly advises sophisticated international clients regarding the application of U.S. sanctions and export control legislation and regulations, as well as diligence, compliance, and enforcement matters under the Foreign Corrupt Practices Act and other anti-bribery legislation. Mr. Marquardt is also a leading specialist in reviews by the Committee on Foreign Investment in the United States (CFIUS) and has represented clients in a number of high-profile matters.
Paul Marquardt is a partner based in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton LLP. Mr. Marquardt’s …
Bill Newman advises his clients on the structuring and execution of sophisticated business and securities transactions. Bill often is involved with mergers and acquisitions and joint ventures on behalf of Barton’s clients, many of whom are based or controlled outside the United States. He has considerable expertise regarding inbound investments in the United States and inbound acquisitions of U.S. businesses, including CFIUS regulation. He has dealt with CFIUS in several transactions, including a transaction involving the U.S. defense industry. Bill also actively represents operating businesses, start-up businesses, investment funds and individual investors across a wide variety of industries, including financial services, investment management, real estate, information technology, media, marketing, life sciences, software, manufacturing and distribution. Bill assists emerging growth companies in accessing US capital markets, using his expertise with the SEC’s rules.
Bill Newman advises his clients on the structuring and execution of sophisticated business and securities transactions. Bill often is involved …
Kenneth J. Nunnenkamp, a partner in Jones Day’s Washington D.C. Office, represents clients in national security matters before numerous U. S. government agencies. He has extensive CFIUS experience, having filed submissions with CFIUS for numerous transactions, and advising clients across the globe with respect to CFIUS’ applicability to foreign direct investments. Ken regularly speaks and writes on CFIUS and export control and compliance issues. In addition, Ken assists clients with export and import compliance investigations, audits and transactional due diligence; often involving cross-border transactions, including Customs compliance investigations and voluntary disclosures submitted to various agencies (i.e., the State, Commerce, Treasury, and Homeland Security Departments (including Customs and Border Patrol)). He has advised clients on these matters in a range of business sectors, including the space, missile, computer, software, outsourcing, retail, consumer products, chemical, aircraft and aircraft components, marine, and defense services industries
Kenneth J. Nunnenkamp, a partner in Jones Day’s Washington D.C. Office, represents clients in national security matters before numerous U. …
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About Kirkland & Ellis LLP
Kirkland & Ellis LLP is a global law firm with approximately 1,600 lawyers representing clients in complex private equity, corporate and tax, litigation and dispute resolution/arbitration, restructuring, and intellectual property and technology matters. The Firm has offices in Beijing, Chicago, Hong Kong, London, Los Angeles, Munich, New York, Palo Alto, San Francisco, Shanghai and Washington, D.C.
About BCleary Gottlieb Steen & Hamilton LLP
Founded in 1946 by lawyers committed to legal excellence, internationalism, and diversity, Cleary Gottlieb Steen & Hamilton LLP is a leading international law firm with more than 1,200 lawyers around the world from more than 50 countries and diverse backgrounds who are admitted to practice in numerous jurisdictions around the world. The firm has 16 closely integrated offices located in New York, Washington, D.C., Paris, Brussels, London, Moscow, Frankfurt, Cologne, Rome, Milan, Hong Kong, Beijing, Buenos Aires, São Paulo, Abu Dhabi and Seoul, and operates as a single global partnership. Our worldwide practice has a proven track record of providing legal work of the highest quality to meet the needs of our domestic and international clients, which include multinational corporations, international financial institutions, sovereign governments and their agencies, as well as domestic corporations and financial institutions in the countries where our offices are located.
About Barton LLP
Barton is comprised of an elite team of former partners of “Big Law” who have created a client-focused, highly sophisticated, and results-oriented law firm. Our mission is to provide effective and efficient delivery of high quality legal services. We develop long-term relationships by partnering with our clients so that we thoroughly understand their businesses and goals. We then apply our expert legal talents, business acumen and practical problem-solving approach. Our clients value us as their trusted advisors who assist them in identifying and minimizing risk while maximizing opportunities.
About Jones Day
Jones Day is a global law firm with 40 offices in the major centers of business and finance throughout the world. Ranked among the world’s best and most integrated law firms, and perennially ranked among the best in client service, Jones Day acts as principal outside counsel to, or provides significant legal representation for, approximately half of the Fortune 500, Fortune Global 500, and FT Global 500.