Kroll CFIUS Advisors to Discuss FIRRMA and Mitigation Agreements at 6th National Conference on CFIUS

Kroll, a division of Duff and Phelps is proud to sponsor and speak at the virtual 6th National Conference on CFIUS. Kroll will join leading professionals in the CFIUS and Team Telecom bar, including government, industry and private practice leaders to discuss the recent implementation of Foreign Investment Risk Review Modernization Act (FIRRMA) legislation. Experts will have the opportunity to provide insights on topics ranging from increased scrutiny of critical technology to managing cross-border coordination in today’s current climate. 

Learn more about the event.

Our experts will share their insights in two panels: 

Panel 1

Samuel Jacobs, Associate Managing Director in the Cyber Risk practice at Kroll, will join a panel to discuss assessing the impact of FIRRMA on deals involving critical infrastructure and companies that collect sensitive personal data. 

Schedule: July 15, 2020, 11:10 a.m. (EDT) 

Key Takeaways

• How the new FIRRMA regulations are impacting deals involving covered investment critical infrastructure—understanding whether you are subject to CFIUS scrutiny and what that will mean going forward 
• A deep dive into the FIRRMA provisions on “sensitive personal data”
• Understanding whether you qualify as a company that collects or maintains sensitive personal data under the new FIRRMA regs
• How to determine if you are in CFIUS’ crosshairs: analyzing the content of the collected data, the characteristics of the individuals involved and the likelihood of their link to U.S. national security
• How the treatment of personal data under CFIUS’s regulation is expected to adjust given recent, rapid technological changes causing shifting threats and vulnerabilities
• How CFIUS’ expanded jurisdiction over personal data is affecting deal flows and the solicitation of foreign investment

Speakers

• Samuel P. Jacobs, Associate Managing Director, Cyber Risk, Kroll
• Theodore W. Kassinger, Partner, O’Melveny & Meyers LLP
• Vince Jesaitis, Director of Government Affairs, Arm Limited 
• John P. Carlin, Partner, Morrison & Foerster LLP 

Panel 2

Nicole Y. Lamb-Hale, Managing Director in the Business Intelligence and Investigations practice at Kroll, will discuss the latest strategies for structuring mitigation agreements and negotiating potential mitigation steps early in the transaction’s lifecycle to help get the deal through.  

Schedule: July 15, 2020, 1:50 p.m. (EDT)

Key Takeaways

• Examining the finer points of negotiating and drafting mitigation language
• Updating your mitigation approach to new and evolving CFIUS requirements and trends
• Assessing how the new regulations are affecting mitigation requirements and agreements
• Under what circumstances FIRRMA gives CFIUS authority to:
  • Impose an interim mitigation agreement
  • Require plans for monitoring compliance with mitigation agreements
  • Determine that a current or older mitigation agreement is no longer warranted
  • Allow for the use of independent third parties to monitor agreements
• If you are a U.S. business involved in a deal that is likely to draw CFIUS scrutiny, what potential mitigation strategies you can employ early on in the transaction’s life cycle before CFIUS does

Speakers

• The Honorable Nicole Y. Lamb-Hale, Managing Director, Business Intelligence and Investigations, Kroll
• John M. Beahn, Partner, CFIUS Practice, Shearman & Sterling LLP 
• John Lash, Practice Leader of CFIUS Advisory, Principal, Control Risks 

Moderator: Cheryl Palmeri, Chief Trade Counsel, IBM Corporation 

Register now.