Broadcast Date: Thursday, October 07, 2021
from 3:00 pm to 4:00 pm (ET)
Overview:
Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.
Companies must, therefore, remain vigilant of the implications brought by these policy changes to carefully manage emerging risks and pitfalls. Coming up with effective and efficient strategies is also vital to ensure compliance.
In this LIVE CLE Webcast, international business lawyers Jonathan Bench (Harris Bricken) and Scott Boylan (StoneTurn) will help venture capital firms walk their way through the recent trends and developments in CFIUS and venture capital funds. Speakers, among other things, will offer helpful insights in carefully managing legal issues and challenges.
Key topics include:
- CFIUS and Global Venture Capital Funds: Regulatory Trends and Developments
- Latest Regulations in CFIUS and FIRRMA
- Managing Risks and Pitfalls
- Practical Tips and Tactics
- Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of foreign investment and transactions
Course Code:
148975
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
1.0 CPE (Not eligible for QAS (On-demand) CPE credits)
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Scott Boylan, Partner
StoneTurn
Scott Boylan, a Partner with StoneTurn, has more than 30 years of experience in advising public- and private-sector organizations on a broad range of international legal and business issues, including trade compliance, investment security and government contracting. He has been involved in all aspects of the Committee on Foreign Investment in the United States (CFIUS), from negotiating mitigation agreements for the government, sellers and buyers to establishing, leading and auditing compliance protocols for mitigated companies.
Jonathan Bench, Attorney
Harris Bricken
Jonathan Bench is chair of Harris Bricken’s corporate practice group, where he helps public and private companies with international and domestic business transactions. His clientele includes companies from Asia, Europe, Africa, and the Americas. Jonathan has worked and consulted in the U.S., China, and Brazil and is fluent in Chinese and Cantonese. He co-hosts Harris Bricken’s weekly Global Law and Business podcast, which covers legal and economic business developments around the world. He is also a regular contributor to two award-winning blogs: the Canna Law Blog and the China Law Blog.
Agenda:
Jonathan Bench, Attorney
Harris Bricken
- Why CFIUS exists (to protect U.S. critical technology, infrastructure, and data) and who is involved
- Safe harbor countries and everyone else
- How CFIUS impacts potential deal structures (minority investments, board seats, executives, key contracts, and timing)
- What to expect in a CFIUS self-disclosure review
- Trends in foreign direct investment (FDI) from China, India, LatAm, and Europe to the U.S.
- The effects of CFIUS on the global transaction environment
Scott Boylan, Partner
StoneTurn
- CFIUS has become much more proactive investigating unfiled deals. In 2020, they looked at 117 transactions and required 17 of those to file with the Committee.
- Companies that access and/or hold large amounts of data on American citizens will likely receive significant attention from CFIUS whether the company’s business is traditionally a national security concern or not.
- CFIUS mitigation agreements have gotten more complicated and onerous from an operations perspective.
- CFIUS mitigation terms can include significant restrictions on operational and technology integration.
- CFIUS can require multiple independent parties to oversee multiple elements of company operations.
Date & Time:
Thursday, October 07, 2021
3:00 pm to 4:00 pm (ET)
Who Should Attend:
- Attorneys (Foreign Investment, National Security, International Trade Practice)
- Compliance Officers
- Compliance Professionals
- General Counsel
- Senior Management
- Regulatory and Policy Managers
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