CLE Credits Available

Agenda 2020

Virtual Coffee Talk!

Introduction to the Virtual Event Platform

  • Amelia Garza | Director, Content & Experience | Momentum Events
  • Chairperson’s Opening Remarks
  • Randy Cook | Senior managing Director | Ankura Consulting Group
  • Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Understanding CFIUS enforcement priorities post-FIRRMA to prepare for future regulations

A deep-dive into the tightened regulations on investment practices aimed towards TID businesses to inform, update, and advise companies on what they can do to not miss out on valuable investment opportunities. Key Takeaways:

  • Providing thorough analysis of new CFIUS rules and updates to FIRRMA
  • Discussing steps to take to ensure your business remains compliant
  • Determining how new enforcements will affect your business

CFIUS In the Context of the Tech Wars

The United States is conducting international trade warfare at an unprecedented level. In those trade wars, technology is being considered a strategic national asset. How does this affect the ability of technology companies and their investors to conduct international business, now and in the future? This session will illuminate the broad themes that will help you understand the current regulations and anticipate future developments. Key Takeaways:

  • How the law is specifically targeting technology companies and technology investments
  • CFIUS in the broader context of U.S. technology controls
  • How to thrive in a dynamic regulatory environment
  • How to plan and execute a successful investment strategy
  • J. Scott Maberry, Partner, Sheppard Mullin

Networking Break

It’s Critical! Determining What Constitutes Critical Technology, Infrastructure, and Data to Better Prepare for Potential CFIUS Enforcements

Get informed on the expanded number of companies and expanded technologies that now fall under CFIUS ruling and what you can do to stay on top. Key Takeaways:

  • Reviewing the types of information the government is looking to control/protect
  • Deciphering what companies play the biggest role in these fields and how they will be affected
  • Brainstorming strategies that protect controlled technology, but also allows companies to grow and flourish outside their borders
  • Christian Davis, Partner, Akin Gump Straus Hauer & Feld LLP

Location is Everything: Understanding Critical Infrastructure and “Covered Real Estate” as Defined by Regulations

Learn why the government is adamant on protecting important infrastructures such as airports, data hubs, and military basis and see how it affects property rights. Key Takeaways:

  • Exploring real estate transactions to establish which companies will be subject to CFIUS review
  • Highlighting the reasoning and importance of protecting specific US locations
  • Strategizing how to make a seamless transaction from a restricted environment to a non-restricted environment
Samuel Jacobs, Associate Managing Director, Kroll, a vision of Duff & Phelps

Morning Session Ends & Virtual Lobby Opens

Afternoon Sessions Begin

Evaluating CFIUS Risks In a Potential Opportunity and Positioning Your Company For an Easy CFIUS Process

Learn how to navigate deal risks and get your deal questions answered from a practitioner. Key Takeaways:

  • Deciding which CFIUS filing you have to make and how long it will take
  • Exploring what happens if you don’t get approval
  • Addressing what happens if you’re just an investor in the target, or when in an auction or in bankruptcy
  • What if you want more foreign investment, have not classified your technology, or already have foreign ownership?
Doreen Edelman, Partner, Lowenstein Sandler

Discussing CFIUS Rules from the Eyes of Foreign Companies Working in the US to Uncover WhereThey Lie

Are you a non-US company with relations in the US? Learn how new investment practices will impact your business and what you can do to prepare and manage your employees. Key Takeaways:

  • Exploring how regulations will affect current business relations and future acquisitions
  • Weighing the pros and cons that come from sharper regulations to better navigate the new regulatory environment
  • Benchmarking strategies that will allow a foreign company to still obtain success in the US
  • Jennifer Maki, International Trade Director & Senior Counsel, TE Connectivity
  • Shaila Manyam, SVP, Client Lead & Senior Director, Public Affairs & Crisis, BCW Global

Chairs Closing Remarks

  • Randy Cook, Senior Managing Director, Ankura Consulting Group
  • Vinitha Varadarajan, Director, Information Security, Rubrik, Inc.

Day One Afternoon Sessions End & Virtual Lobby Opens

Virtual Coffee Talk!

Come visit our virtual lobby and connect with fellow attendees. You can chat, video and even make a list of the people you want to meet and knowledge you’re looking to gain through our bespoke 1:1 meeting match-making services.

(Re)Introduction to the Virtual Event Platform

    • Amelia Garza | Director, Content & Experience | Momentum Events
    • Chairperson’s Opening Remarks
  • Randy Cook, Senior Managing Director, Ankura Consulting Group
  • Vinitha Varadarajan, Director, Information Security, Rubrik, Inc.

Managing Through CFIUS Approval–Tactics, and Tips for Weathering the Storm of New Regulations

Learn from an executive who has participated in the CFIUS process for over a decade, and about how to prepare for approvals while keeping your company’s strategy on course. Key Takeaways:

  • Some insight into the aspects of FIRRMA that won’t be clear from simply reading the regulations
  • How to work with your CFIUS Case Manager effectively
  • The whys of rejected deals and/or conditional approvals

Performing the Proper Due Diligence When Hiring Foreign Workers

Learn exactly what measures one must take when it comes to employing foreign workers and/or contractors to ensure a job is done diligently. Key Takeaways:

  • Addressing whether or not foreign workers are allowed to work with certain products and/or equipment a company develops
  • Ensuring foreign hires go through proper training and documentation procedures prior to their start date
  • Figuring out how a company can still do business with foreign workers while still complying to strict regulations
Monica C. Thurman | Chief Compliance Officer (Texas) | XPO Logistics

Networking Break

What Investors Should Look for When Evaluating Their Portfolio Companies

Learn how CFIUS will impact future investments and what you should be looking at from a security and data risk perspective when reviewing potential opportunities. Takeaways:

  • Understanding what CFIUS issues to be aware of within the portfolio of companies
  • Anticipating how CFIUS could and will impact portfolio companies
  • Discussing what a venture capital/private equity firm should do with respect to non-US investors
Stephan Eberle | General Counsel & Head of Limited Partner Relationship | Scale Venture Partnerships Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Morning Session Ends & Virtual Lobby Opens

Afternoon Sessions Begin

Benchmarking Strategies in Order to Not Miss Out on Important Investment Opportunities

Compliance is one thing, but the real question is how can TID businesses expect to grow in the wake of new regulations? Learn key solutions in combating CFIUS and FIRRMA regulations and seeking appropriate investments. Key Takeaways:

  • Constructing solid relationships and communication with current and future investors, whether local or foreign, to discuss what requirements must be met on either end
  • Performing due diligence on the front-end to adhere to the needs of regulators
  • Safeguarding data to mitigate risk and ensure information is protected
John Lash, Principal, Leader, CFIUS Control Group for the Americas, Control Risks

So You’ve Received a Mitigation Agreement…Now What? How to Properly Go About Mitigation Conditions

Learn how to work through mitigation agreements in order to gain approval through CFIUS and not lose out on opportunities Key Takeaways:

  • Reviewing CFIUS and FIRRMA rules to understand what needs must be met
  • Forming strong relationships with potential partners and/or investors to make sure the agreement is form understanding of what needs must be met
  • Understanding each company’s roles, responsibilities, and restrictions to better draft contracts
Waqas Shahid | Senior Managing Director | Ankura Consulting Group Karen Dickinson | Legal Counsel, Americas | Ant Financial Victoria Edison | Chief Compliance Officer, Americas | Ant Financial

Proactive Actions to Take to Reduce Risk of CFIUS Review

Learn how your company’s work with future and/or current partners will be impacted in the wake of tightened regulations and what measures can be made to avoid an enforcement action. Key Takeaways:

  • Assessing the CFIUS review process to understand how to effectively not receive an enforcement action
  • Performing proper due diligence when constructing deals to meet CFIUS protocol
  • Ensuring your pre-filing CFIUS meets criteria in order to achieve clearance without mitigation conditions

Chairs Closing Remarks

Randy Cook, Senior Managing Director, Ankura Consulting Group Vinitha Varadarajan, Director, Information Security, Rubrik, Inc.

Event Concludes & Virtual Lobby Opens

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