Kassinger to Chair ACI's Conference on CFIUS

June 4-5, 2009

O'Melveny partner Ted Kassinger will chair a national forum on The Committee on Foreign Investment in the United States (CFIUS). CFIUS reviews proposed acquisitions of US companies by foreign investors whenever there are potential national security concerns.

With the Treasury Department's recent release of final CFIUS regulations, it is expected that foreign investments in and acquisitions of US corporations will attract higher levels of CFIUS scrutiny and a more rigorous review process. "The Fundamentals of Filing a Transaction with CFIUS and Preparing for Mitigation" will provide attendees with an update on the CFIUS regulations, as well as practical insights into the filing process. Among the discussion topics that Kassinger and others will examine are the following:

  • Anticipating how rigorous the review process will be with increased disclosure expectations
  • What constitutes an acquisition of “control” by foreign investors
  • What is at risk by not voluntarily filing with CFIUS
  • How to manage communications regarding a proposed transaction both internally and publicly
  • Understanding how CFIUS members come to consensus and how various Departments exert influence on the review
  • What to expect from mitigation negotiations and preparing to comply with the terms
  • Structuring sovereign wealth fund investments

In addition to Kassinger, other faculty include Stewart Baker, Former Assistant Secretary for Policy, U.S. Department of Homeland Security, Thomas Crocker, Alston & Bird LLP, Nova Daly, Former Deputy Assistant Secretary, U.S. Department of Treasury, Joseph F. Dennin, McKenna Long & Aldridge LLP, Victoria Esser, Managing Director, Glover Park Group, George Kleinfeld, Clifford Chance LLP, Peter Lichtenbaum, Vice President, Regulatory Compliance & International Policy, BAE Systems, Inc., Todd Malan, Vice President - International Public Policy, Goldman Sachs, David Marchick, Managing Director, The Carlyle Group, Scott Morris, Senior Professional Staff Member, House Financial Services Committee, Mark Plotkin, Covington & Burling LLP, Stephen Preston, WilmerHale LLP, James A. (Del) Renigar, Counsel, International Policy & Trade Regulation, General Electric, John B. Reynolds, III, Wiley Rein LLP, Ivan Schlager, Skadden, Arps, Slate, Meagher & Flom LLP, Heather Sears, Vice President - Trade Compliance, DRS Technologies, Inc., and Dale Turza, Cadwalader, Wickersham & Taft LLP.

The forum is being sponsored by the American Conference Institute (ACI), and will be held June 4-5, 2009 at the Capital Hilton in Washington, DC. O'Melveny and Myers is an exhibit sponsor.

Capital Hilton