(Webinar) Cracking the CFIUS Code: Challenges to IP Rights in CFIUS Reviews of Foreign Direct Investment Transactions

Thursday, May 14, 2020 | 6:00 pm – 9:00 pm

Program Co-Chairs:

Roland L. Trope
Trope and Schramm LLP

Ama A. Adams
Ropes & Gray LLP

Faculty:

Brian J. Fleming
Miller & Chevalier Chartered

Linda S. Lourie
U.S. Department of Defense
Office of General Counse Washington, DC.

Aimen Mir
Freshfields Bruckhaus Deringer LLP
former CFIUS Staff Chair, and Deputy Assistant Secretary
for Investment Security at US Department of the Treasury

Claudia E. Ray
Kirkland & Ellis LLP

Lawrence Ward
Dorsey, Seattle, Washington

  • On January 13, 2020, the U.S. Department of Treasury (Treasury) issued as a final rule new regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). The new regulations open the aperture of the Committee on Foreign Investment in the United States (CFIUS) jurisdiction, and expand and clarify the criteria for national security reviews of foreign direct investment.  As explained on Treasury’s website:

    “Prior to February 13, 2020, the regulations at 31 C.F.R. part 800 focused on transactions that could result in foreign control of any U.S. business.  Effective February 13, 2020, the regulations at 31 C.F.R. part 800 implement changes that FIRRMA made to CFIUS’s jurisdiction and process, including with respect to certain non-controlling “covered investments” that afford a foreign person certain access, rights, or involvement in certain types of U.S. businesses.”

    Join program co-chairs, Ama A. AdamsRopes and Gray LLP, and Roland L. TropeTrope and Schramm LLP, and highly experienced panelists, as they provide viewers with:

    • Explanation of CFIUS reviews under the final rule
    • Analyses of hypothetical transactions that come within the scope of the new rule
    • Analyses of the challenges that CFIUS reviews may pose to the intellectual properties of parties to “covered investments”
    • Discussion of new and complex issues under CFIUS reviews and of key “take aways”

    Don’t miss this informative webinar.

    Program Fee:
    $99 for Members | $199 for Nonmembers
    Small Law Firm: $49 for Members

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • 6:00 pm – 6:05 pm
    Introduction of Panel

    6:05 pm – 6:55 pm
    Explanation of CFIUS Reviews and IP Issues Under Initial Regulations to Implement FIRRMA

    • CFIUS reviews after FIRRMA + Pilot Program (issued in OCT 2018)
    • Discussion of 1st scenario raising IP issues

    6:55 pm – 7:05 pm
    Break

    7:05 pm – 7:55 pm
    Explanation of CFIUS Reviews and IP Issues Under Final Rules

    • CFIUS reviews under final rules for “other transactions” (excluding rules for real estate transactions)
    • Discussion of 2nd scenario raising IP issues

    7:55 pm – 8:10 pm
    Break

    8:10 pm – 9:00 pm
    Discussion of Complex Issues Under CFIUS Reviews and of Key “Take Aways”

    • Discussion of 3rd scenario raising IP issues
    • Review of ICTS rule and its possible intersection with CFIUS review

  • CLE Credit
    New York:
    3.0 Professional Practice
    New Jersey:
    3.0 General
    California:
    3.0 General
    Pennsylvania:
    2.5 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Copyright & Literary Property, Claudia E. Ray, Chair
    Mergers, Acquisitions & Corporate Control Contests, Trevor Saul Norwitz, Chair
    Patents Committee, Aaron L. J. Pereira, Chair
    Council on Intellectual Property, James R. Klaiber, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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