Broadcast Date: Wednesday, December 14, 2022
from 10:00 am to 11:00 am (ET)

Overview:

The Committee on Foreign Investment in the United States (CFIUS) continues its enforcement initiatives on foreign investments to mitigate any potential threat to US national security. The passage of the Foreign Investment Risk Review Modernization Act (FIRRMA) in 2018 has further intensified the investment review process and has expanded to include the evaluation of investments across several industries and transaction types. FIRRMA has also put a heightened focus on reviewing transactions involving US critical technology businesses.

As the number of notices for CFIUS review remains significantly high, businesses, investors, and practitioners alike must keep themselves abreast of emerging developments in this field of law. They must also carefully review their transactions and prepare for a potential CFIUS review to avoid pitfalls.

In this CLE Webcast, Steve Klemencic (Berkeley Research Group) and Atty. Marina V. O’Brien (Holland & Knight LLP) will present a comprehensive discussion on the significant developments and key trends in CFIUS. The distinguished speakers will also share best practices to safeguard your transactions from risks and complications.

Key topics that will be covered in this discussion are:

  • What Is CFIUS and When Is CFIUS Filing Required
  • Key Enforcement Priorities
  • CFIUS Mitigation & Compliance Challenges
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of foreign investments

 

Course Code:

1410175

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Steven Klemencic, Managing Director
CFIUS Practice Leader

Berkeley Research Group

Steve Klemencic is a managing director at BRG and has extensive experience in evaluating, assessing, auditing, and monitoring foreign mergers, acquisitions, and other investment transactions in the United States that may impact US national security.

He has worked closely with the Committee on Foreign Investment in the United States (CFIUS) and supported both law firms and transactional parties in all stages of the CFIUS review process. He has served as the compliance auditor on several transactions served on a number of CFIUS third party monitorship teams, and provided expert advice on national security issues to US and foreign parties in their transaction planning.

Marina V. O’Brien, Attorney
Trade & Industrial Security Regulatory Expert

Holland & Knight LLP

Marina V. O’Brien is an associate attorney in Holland & Knight’s Washington, D.C. office. Ms. O’Brien’s practice focuses on regulatory compliance, with an emphasis on international trade law, foreign direct investment, industrial security and aviation.

She regularly assists clients with customs, export control, sanctions, FCPA and CFIUS issues, as part of M&A due diligence, contract negotiations, government investigations, or corporate compliance. She frequently advises on measures to mitigate Foreign Ownership, Control, or Influence (FOCI) in cross-border investments into various industries, focusing on U.S. government and defense contractors and technology firms, and on whether and how to approach a CFIUS review.

Agenda:

SEGMENT 1

Marina V. O'BrienAttorney

Trade & Industrial Security Regulatory Expert

Holland & Knight LLP

  • What Is CFIUS and When Is CFIUS Filing Required
  • Key Enforcement Priorities

 

SEGMENT 2

Steven KlemencicManaging Director

CFIUS Practice Leader

Berkeley Research Group

  • CFIUS Mitigation & Compliance Challenges
  • What Lies Ahead

 

 

 

Date & Time:

Wednesday, December 14, 2022

10:00 am to 11:00 am (ET)

Who Should Attend:

  • International Trade & Finance Lawyers
  • Securities Lawyers
  • Corporate Transactions Lawyers
  • Banking and Finance Lawyers
  • Investment Managers
  • Investment Advisers
  • General Counsel

SPEAKERS

Steven KlemencicManaging Director
CFIUS Practice Leader
Berkeley Research Group
Marina V. O’BrienAttorney
Trade & Industrial Security Regulatory Expert
Holland & Knight LLP

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