Recent, Notable CFIUS Transactions and What They Reveal About Future Deals and Getting Deals Done: Takeaways from Vonage, Fufeng and TikTok

April 14, 2023 3:00pm

Jeanine P. McGuinness
Orrick Herrington & Sutcliffe LLP

Richard Mintz
FGS Global

Scott Moritz
President, White Collar Forensic LLC
Advisory Board Member, Sayari

Through real-life transactions, this session will take a closer look at the types of coordination occurring between U.S. and foreign governments, how to engage and manage the full range of stakeholders that influence deal outcomes – and what this reveals for future transactions. Speakers will delve into the Ericsson regulatory approval to complete the acquisition of Vonage, the CFIUS review of Chinese conglomerate, Fufeng Group and the TikTok ByteDance merger.

  • Managing controversy and optimizing outcomes – crafting a deal narrative, activating support, leveraging social media, and connecting with Congress
  • Weaponizing CFIUS – how competitors and adversaries can steal the deal
  • Exploring CFIUS jurisdiction and what causes intervention in a transaction
  • What can now constitute a national security threat
  • What constitutes U.S. business: The extent of a U.S. nexus
  • Identifying what qualifies as a transaction, and what doesn’t?
  • What can be considered as interstate commerce under the regulations?