Delays, Political Vacancies and Uncertainty: Practitioners Discuss Recent, “On the Ground” Successes and Challenges to Obtaining CFIUS Approvals

January 31, 2018 10:45am

Shawn Cooley
Special Counsel, Freshfields Bruckhaus Deringer
Former Director for Foreign Investment, U.S. Department of Homeland Security

Richard S. Elliott
International Trade Counsel
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Anne W. Salladin
Special Counsel
Stroock & Stroock & Lavan LLP Former Senior Counsel, U.S. Department of the Treasury

Christian C. Davis
Akin Gump Strauss Hauer & Feld LLP

  • Anticipated timeframe for the review, and the risk of delays
  • To file or not to file? Inside the factors affecting the calculus and decision
  • Why it is now more difficult to obtain approvals
  • What it is really like to go through the filing process in the current environment
  • Is there anything that can be done to reduce delays?
  • Managing the fallout of delays, including the impact on the closing timeline and financing
  • When you need to withdraw and re-file, and the practical impact on deal formation
  • Are more deals being abandoned? Recent trends and lessons learned
  • CFIUS’ new due diligence expectations
  • Export controls: Types of questions being asked by CFIUS regarding export-controlled items and technologies