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
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?