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
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
- 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