Mon, Sep 14, 2020

Nicole Y. Lamb-Hale Discusses How Startups Can Manage CFIUS Risks

Business Intelligence and Investigations Managing Director and Duff & Phelps Institute Fellow Nicole Y. Lamb-Hale recently published an article in Foreign Investment Watch’s special edition “Startup’s Guide to CFIUS, Part II: Seven tactics for managing risk.”

In the article, Nicole provides practical tips for startups to manage and mitigate risks related to the Committee on Foreign Investment in the U.S. (CFIUS) as they look to scale their business and secure additional investments, which may be from foreign investors. As noted in the article, “before closing an investment from a foreign entity” startups and their outside counsel “will need to analyze whether the transaction will require review and clearance by CFIUS.”

Nicole provides seven strategies that startups can leverage to manage and mitigate their CFIUS risk:

  • Know your business
  • Know your investor
  • Craft investor terms
  • Structure the deal to minimize risk
  • Remember loans and notes
  • Be mindful of compliance costs
  • Engage experienced CFIUS advisors

Subscribers of Foreign Investment Watch can read the full article here.

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