Head to Head: Is the Enhanced CFIUS Policy Regime Causing the US Economy More Harm Than Good?

Harry G. Broadman argues that corporates and investors—whether foreign or US—involved in deals covered by the Committee on Foreign Investment in the US (CFIUS) under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) should view the navigation of the CFIUS process not as a legal matter, but rather one of developing and executing an investment strategy that maximizes value and minimizes commercial and political risks, both pre- and post-transaction, including engaging a bona fide third-party monitoring entity.

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