National Conference on CFIUS

On April 20, Steven Klemencic participated in the panel “Examining New Rules on CFIUS Mandatory Filings: Implications for Critical Technology Investments and the Interplay with Recently Issued Export Control Reform.” Panelists discussed the recent Final Rule on CFIUS mandatory filings. Topics included:

• Mandatory filings connection with critical technologies
• The circumstances in which a “critical technology” investment will trigger a mandatory filing requirement
• How the Final Rule ties filing requirements for investments in US critical technology to export license requirements
• Specific criteria set forth by the Department of Commerce’s Final Rule (October 5, 2020)
• Criteria to qualify for the exceptions to the mandatory filing requirement under the Export Administration Regulations
• How companies and their counsel can best traverse this new regime

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On April 21, Harry Broadman participated in the panel “Assessing FIRRMA’s Impact on Investment Deals Involving Private Equity Funds.” Topics included:

• How are private equity companies dealing with the new CFIUS reality post-FIRRMA (Foreign Investment Risk Review Modernization Act)?
• Are we seeing a change in the way PE companies are structuring their funds, shaping their dealmaking practices, or organizing their financing practices?
• What trends are being seen with regard to the review of PE deals, process challenges, mitigation in the PE context, due diligence in the PE context, etc.?
• Considerations for US private equity funds: who is evaluating whether their fund structures could cause them to be considered a foreign person for CFIUS purposes?

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Learn more about the Seventh National Conference on CFIUS.