This week, we sit down with Devin DeBacker, who is Chief of the Foreign Investment Review Section in the National Security Division of the Department of Justice. DeBacker explains four important factors that the DoJ considers when scrutinizing transactions for sensitive data. That and more inside.
Ex-CFIUS head of international on how the Committee engages abroad
This week, we sit down with Laura Black, who — until just a few weeks ago — was Director of Policy and International Relations at CFIUS. Black discusses how CFIUS engages with other countries, and how those engagements progress and mature over time. Black’s insights are inside.
Implementing NSAs: Tips from an exec. who’s done it (three times)
This week, we sit down with Karen Plonty, who most recently served as Chief Security Officer of Momentus, where she oversaw compliance with the company’s National Security Agreement. We discuss *real* trends in NSAs, how CFIUS actually monitors agreements, and more.
Critical technology assessments: Expert addresses reader questions
This week, we sit down with Nicholas Klein to discuss the ins-and-outs of critical technology assessments. According to Klein, this area is complicated, nuanced, and constantly changing. “I don’t think many people realize how broadly ‘critical technologies’ is defined.” Details and tips inside.
Expert on CFIUS communications talks best practices; “less is more”￼
Rumors of CFIUS inquiries and national security reviews can make employees, customers and suppliers just as inquisitive as investors or members of Congress. This week, we sit down with CFIUS communications expert Alex Finnegan to explore best (and worst) practices.
Exploring the costs associated with CFIUS mitigation and compliance
This week, we sit down with Steve Klemencic, a former division chief of the DoD’s Defense Intelligence Agency. Klemencic, who helped stand up the National Intelligence Council’s CFIUS Support Group and the FBI’s Foreign Investment Unit, explains the (hidden) costs associated with NSAs.
A VP National Security, CFIUS Security Officer discusses his role
We sit down with Brian Moore, who serves as VP National Security and CFIUS Security Officer at a Silicon Valley-based technology company. A former policy advisor at CFIUS, Moore “nerds out” with us about foreign investment, his role, what goes into a mitigation agreement, and more.
CFIUS expert describes how firms might assess compliance with NSA
This week, we sit down with Robert Biskup, Managing Director for International Regulatory, Forensics & Compliance at Deloitte. An expert on CFIUS, Biskup explains what it means to “roll up your sleeves” on implementing a National Security Agreement. Details inside.
FDI expert: CFIUS, Team Telecom may get more assertive over time
This week, we sit down with John Beahn, who recently joined the law firm of Milbank as its first full-time CFIUS partner. According to Beahn, CFIUS and Team Telecom “only have begun to scratch the surface of the authorities provided to them” by FIRRMA. Details and insights inside.
Behind the scenes in the ICON-PDSTI dispute; lessons on CFIUS
This week, we sit down with Judith Alison Lee, a parter at Gibson Dunn who represented Shanghai Pudong Science and Technology Investment Co. in their deal with ICON Aircraft. The deal just got the thumbs-up from CFIUS, and Lee takes us backstage, offering lessons along the way.
Former acting chief of DoJ’s FIRS on lessons for dealing with CFIUS
We sit down with David Plotinsky, former acting chief of the Department of Justice’s Foreign Investment Review Section. David takes us inside the “black box” of FIRS, describes how it interacts with CFIUS, and offers some pitfalls to avoid when dealing with the Committee.
Get the inside scoop on the DoD’s unclassified CFIUS procedures doc.
We sit down with Greg Alexandru, who was most recently a Deputy Director at the Office of Foreign Investment Review at the DoD. Greg untangles the DoD’s CFIUS “instruction” manual, providing details on what was once a black box: process, RBAs, team coordination, and more.
Playing true/false with ex-Treasury official, plus five CFIUS filing tips
Last week, we reported that Bridget Reineking had joined Cooley from the U.S. Department of the Treasury’s Office of the General Counsel. This week, we sit down with Bridget to hear about her experiences at Treasury, and to get advice for companies filing with CFIUS.
Former chair of Team Telecom expects more assertive Committee
This week we sit down with Richard Sofield, the former chair of Team Telecom, to discuss the new Committee, cross-over with CFIUS, and more. Of note: Richard predicts a more active regime. “I think we are seeing Team Telecom become increasingly assertive in multiple ways.”
Biden’s approach to China: Where are we, and where are we headed?
According to reports, the Biden Administration is going to launch an investigation into Chinese subsidies under Section 301 of the U.S. trade law. We sit down with Doreen Edelman of Lowenstein Sandler to explore what’s happening, what it means, and what’s next.
Reader Q&A: Answer question on Chinese co., CFIUS GSA contracts
Last week, a Foreign Investment Watch reader submitted a question regarding a Chinese acquisition and GSA contracts. If you submit an answer, we’ll reprint it in next week’s edition. The question, contact information, and additional details inside.
Understanding the CFIUS “co-lead” role: A guide to the perplexed
Who is typically the CFIUS co-lead for AI or energy deals? How about biotech or cyber transactions? This week, we explore the CFIUS co-lead role, answering the what, when, who and why. “Understanding who the co-lead is and how to satisfy it can make or break a CFIUS case.”
Discussing CFIUS’s pet peeves, expectations, trends and more
This week, we sit down with James Mendenhall, who served as the USTR representative on CFIUS. Jim discusses how CFIUS is grappling with “innovative corporate structures” like SPACs, and offers three lessons on transparency, clarity and doing your homework.
Ex-CFIUS official: Pitfalls to avoid when filing with the Committee
We sit down with Tyler McGaughey, who, until recently, managed the day-to-day operations of Treasury’s CFIUS team. Tyler highlights some common mistakes that trip up filers, such as submitting organizational charts that are “super complicated or confusing.” Details inside.
Former CFIUS official discusses non-notified transactions, more
This week we sit down with Aimen Mir, who served as Deputy Assistant Secretary for Investment Security at Treasury. According to Aimen, the strategy of trying to fly under-the-radar when dealing with CFIUS is going to be “increasingly risky” going forward. Details inside.