Recent CFIUS Developments: Examining Implications to US Foreign Investments
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.
Live and Recorded CLE & CPE Webcasts in the Legal, Tax, Finance, Risk, Compliance and Human Resources Industries
Founded in November 2006, The Knowledge Group has established itself as a premier eLearning hub for Continuing Legal Education (CLE), Continuing Professional Education (CPE), and technology-focused webcasts. We equip lawyers, accountants, and industry professionals with expert-driven insights, timely regulatory updates, and practical strategies to help them stay ahead in an ever-evolving landscape.
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.
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.
