Conducting or Contemplating any Financings, M&A Transactions, or Other Investments?  If So, You Must Beware of CFIUS.

Join us for a discussion of the Committee on Foreign Investment in the United States (“CFIUS") and how CFIUS’s expansive powers and jurisdiction can impact any investment by a foreign entity, foreign person, U.S. subsidiary of a foreign entity, or a U.S. fund with a foreign nexus into your company.  CFIUS is a U.S. government interagency committee with jurisdiction to review foreign investment into a U.S. business for national security concerns.  Not only does CFIUS have jurisdiction to review foreign investment into any U.S. business, certain foreign investment into a U.S. business may be subject to CFIUS’s mandatory filing requirements and CFIUS may impose penalties against the parties for failure to make such a mandatory filing.  Further, CFIUS may compel parties to file if they choose not to voluntarily file.  CFIUS’s powers include the ability to impose conditions and restrictions on the foreign investment into the U.S. business as well as divestment or blocking of the foreign investment altogether. 

Our presentation will provide an overview of CFIUS,  discussion of which foreign investments into U.S. businesses are subject to the mandatory filings rules, review of the CFIUS filing options and processes, and considerations for determining whether to make a CFIUS filing.

Hear from Melissa Mannino & Lana Muranovic from BakerHostetler