When to Consider CFIUS Mitigation Requirements? Now!
September 17, 2020 | Compliance National Security
As my colleague Ken Mendelson noted, the watchword for ACI’s recent CFIUS conference was “mitigation.” As a result of the new rules implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”), the number of deals requiring mitigation is likely to grow significantly.
The conference, however, focused mostly on the kinds of deals that would require mitigation. The conference offered little detail regarding the specific mitigation measures that might be sufficient to get a transaction approved. Those measures could … Read More
What to Prepare For and Expect With a CFIUS Monitor?
November 14, 2019 | Monitoring National Security
Given the recent expansion of transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS
), more foreign investments and acquisitions of US-based critical technology and data companies will need to be concerned about the government review. Through the CFIUS review process, the government is attempting to mitigate US national security risks by foreign acquisition or investment in US-based companies which develop critical technologies or have access to sensitive US person data. Additionally, specific
… Read More