CFIUS Mitigation Agreements May Soon Be Commonplace

Law360 (July 24, 2020, 4:39 PM EDT) -- For many years, there have been four possible outcomes when the parties to a transaction involving foreign direct investment in a U.S. company notify the Committee on Foreign Investment in the United States, or CFIUS, of their intent to complete the transaction:

1. CFIUS can approve the transaction;

2. CFIUS can recommend that the president block the transaction;

3. The parties can withdraw the transaction from CFIUS review; or

4. CFIUS can approve the transaction subject to the parties entering into a mitigation agreement.

While many relevant topics were covered during the American Conference Institute's sixth annual CFIUS conference, held virtually...

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