CHINA — The Prospects for CFIUS Approvals: The Latest, Most Effective Strategies for Navigating the Process amid Sensitivities, Delays, Investigations and Mitigation Trends

January 31, 2018 11:45am

Chris Padilla
Vice President Government and Regulatory Affairs
IBM

David N. Fagan
Partner
Covington & Burling LLP

Donald L. Vieira
Partner
Skadden, Arps, Slate, Meagher & Flom LLP

DJ Rosenthal
Co-Chair, CFIUS Advisory
Kroll Associates

  • Is there a difference in CFIUS’ approach to reviewing Chinese acquisitions vs. others?
  • How the North Korea conflict and other factors have affected outcomes
  • How CFIUS is approaching transactions involving semiconductors, as well as companies with meta-data, PII, mobile technology, high-end sensitive technology and physical assets near military installations
  • Trends in buyers, industries, deal structures, financing concerns and outcomes of CFIUS reviews
  • How Chinese SOEs are viewing the CFIUS process
  • Engaging with CFIUS at an early stage to garner a preliminary sense of any sensitivities
  • How new Chinese investors are “testing the waters” with smaller transactions
  • How much more information is required at the filing and subsequent stages
  • Successful approaches to managing heightened sensitivities that are specific to China
  • How often parties are walking away or re-filing multiple times
  • When CFIUS has identified concerns regarding the ownership chain, especially in the context of semi-conductor and life sciences transactions
  • Special financing considerations