The Finer Points of Navigating the CFIUS Process, Mitigation and Securing Approvals: Aligning Your Strategy to the New Realities of Timelines, Delays and Heightened Scrutiny

April 26, 2022 2:15pm


Brian Rohde
Deputy Director, Mitigation
U.S. Department of Defense CFIUS

Ivan A. Schlager, P.C.
Partner, International Trade & National Security
Kirkland & Ellis LLP

Brian J. Mich
Control Risks

  • Evaluating mitigation strategies and the associated costs and risks
  • What kind of agreements are (and are not) receiving clearance?
  • Determining which kind of mitigation is appropriate for which transactions
  • Determining if and when to utilize trusts, holding entities, shell entities, and/or temporary monitors/boards
  • Identifying which mitigation instruments are available, including:
    • How to select the right one and operate under it
    • Assessing are the real associated costs?
  • Trends in the type and frequency of mitigation – assessing the types of cases that are (and are not) amenable to mitigation