The Continued, Expanding CFIUS Scope: Transactions Involving Critical Technologies, Critical Infrastructure and Sensitive Data (TID) Transactions

April 26, 2022 9:15am

Andrew J. Pahutski
Director, Foreign Investment Review
U.S Department of Defense

Eric Longnecker
Director, Office of Strategic Industries and Economic Security, Bureau of Industry and Security
U.S. Department of Commerce

Jeremy B. Zucker
Partner
Dechert LLP

Andrew Fair
Acting CFIUS Staff Chair and Acting Director of the Office of Investment Review & Investigation
U.S. Department of the Treasury

This expert panel will unpack the steps required to assess risks associated with CFIUS’ jurisdiction over non-controlling investments. Topics will include:

  • Examining the “covered investment” standard
  • Assessing how CFIUS reviews covered investments versus covered control transactions
  • Considering the implications of CFIUS’ broader jurisdiction
  • Exploring the review standards for real estate acquisitions
  • Analyzing how a transaction proceeds when sensitive data is involved
  • Examining the kinds of controls being imposed to mitigate CFIUS concerns with regards to critical infrastructure