O’Melveny’s Kassinger Quoted in Law360 on Possible BAE-EADS Merger

September 17, 2012

O’Melveny & Myers LLP partner Theodore Kassinger was quoted in the September 14, 2012, Law360 article “BAE-EADS Merger Would Test Toughened CFIUS Laws.”  The article reported on the proposed merger of aerospace giants BAE Systems PLC and European Aeronautic Defense & Space Co., and the likelihood of an arduous approval process before The Committee on Foreign Investment in the United States (CFIUS).

In the article, Kassinger, a partner in O'Melveny's Washington, DC office and a member of the Integrated Legal Strategies Practice, commented, “[This deal] would introduce a substantial new foreign shareholder, which means a new set of facts requiring fresh security assessments. DOD will look at the mitigation agreements that are already in place and say ‘Are they adequate?’ The answer may be no.”

It’s a far more robust process now than it was 10 years ago," Kassinger added. "There are more people and agencies involved, and a more comprehensive approach is taken to evaluate possible threats.”