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.”
Hot Topics
Recent National Security Q&AsBiden’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.
What to expect when you’re expecting (to hear from CFIUS)
This week, Richard Matheny — who has been involved in some of the most recent and high-profile CFIUS cases, including StayNTouch and PatientsLikeMe — takes us step-by-step through the CFIUS process, from the Committee’s first inbound email to the initial phone call and beyond.
Former DoD FOCI action officer on CFIUS risks, opportunities in 2021
This week, we sit down (virtually) with a former Foreign Ownership, Control or Influence Action Officer in the DoD’s Defense Counterintelligence and Security Agency. Inside are pitfalls to avoid when filing with CFIUS, and tips for filers. “Wishful thinking is not a strategy,” she says.
Q&A with former Treasury Deputy Secretary, Ambassador to Germany
This week, we sit down (virtually) with former Deputy Secretary of the U.S. Treasury and U.S. Ambassador to Germany Robert Kimmitt, who takes us inside the National Security Council, and explains why it’s important to Janet Yellen, CFIUS, and (ultimately) you.
CFIUS expert: Cos. should consider FDI issues “very early” in process
This week, we sit down (virtually, of course) with Laura Fraedrich, who has deep expertise in FDI requirements. According to Laura, parties should remember that CFIUS might have jurisdiction “even when it does not seem that there are foreign parties involved.” Details are inside.
The biggest mistake you can make before filing with CFIUS is…
This week, we sit down (virtually, of course) with Anne Salladin, previously an advisor to CFIUS, to discuss ways companies can assess CFIUS implications up front when putting together deals. Details, common lessons, and the “biggest mistake” when dealing with CFIUS are inside.
National security expert on global trends, CFIUS scrutiny, more
This week, we sit down (virtually, of course) with Farhad Jalinous, Partner and Chair of the Foreign Direct Investment Reviews and US National Security/CFIUS Practice at White & Case to discuss the impact of the election, COVID, global trends, and more.
CFIUS risk assessments, audits, and mitigation agreements
This week, we speak (virtually, of course) with Michael Rose, National Practice Leader for CFIUS Advisory Services at EisnerAmper. On tap: Pre-filing risk assessments; pitfalls for companies to avoid; controls and procedures to ensure compliance with mitigation agreements; third-party compliance audits; and more.
Expert provides tips on CFIUS, Trusted Capital Program, more
This week, we sit down (virtually, of course), with Lowenstein Sandler partner Doreen Edelman. On the agenda: CFIUS, the DoD’s Trusted Capital Program, oft-overlooked FDI reporting mandates from the Bureau of Economic Analysis, and more.
Former CFIUS support at ODNI describes common pitfalls, traps
This week, we sit down (virtually) with Linklaters senior counsel Jonathan Gafni, who previously supported CFIUS at the Office of the Director of National Intelligence. Gafni describes common misconceptions, emerging pitfalls, and other insights on CFIUS.