NEW FDI REGIMES: CFIUS and Cross-Border M & A: Re-Aligning Your Cross-Border M & A Strategy In Response to New, Emerging Developments in the UK, Germany, China and Canada

Feb 1, 2018 9:00am – 12:30pm

Tobias Caspary
Partner
Fried, Frank, Harris, Shriver & Jacobson LLP (UK & Germany)

Susan M. Hutton
Partner
Stikeman Elliott LLP (Canada)

Fang Liu
Attorney at Law
Mei & Mark LLP (China)

Governments are increasingly identifying national security risks in sectors that have not traditionally been under scrutiny. With a myriad of international efforts to establish or strengthen similar review bodies to CFIUS, benefit from a unique opportunity to learn and interface with expert practitioners from key jurisdictions-all in one room. As you refine your cross-border M & A strategy, don’t miss this unique opportunity to learn about new opportunities and hurdles to getting the deal done in key markets. Topics will include:
  • Status of international efforts to impose similar review bodies and the underlying reasons
  •  Germany:
    • expanding scope of foreign investment framework to cover more industry sectors
    • increased government authority to scrutinize acquisitions of
  • German companies
    • focus on “critical infrastructure” sectors, including energy, software and telecom
    • investigations of “indirect acquisitions”
  • New, anticipated requirements in the UK
  • Canada: The evolving FDI landscape
  • Conflicts between EU requirements and some member state efforts
  • When a national security filing is mandatory
  • Coordinating and managing filings across jurisdictions
  • The impact of delays in one jurisdiction on other cross-border filings
  • What happens if the deal is not approved in one jurisdiction, but permissible in others?