Roundtable: Foreign investment and national security
Partner Mario Mancuso participated in a roundtable discussion with Financier Worldwide focused on the developments and trends of CFIUS and global FDI reviews, particularly for private equity funds.
"... An asset manager should be thinking about FDI at fundraising and working with an experienced adviser to build a fund in a way that excludes, or at least minimizes, FDI risk in light of their identified investment strategy. An assessment of strategic FDI risk should be high on the list of initial tasks because FDI risk can be a threshold, deal feasibility issue. Fortunately, an experienced FDI adviser can quickly discern whether a deal is ‘dead on arrival’ or whether it is feasible, including with some planning and advocacy. Beyond that, having an experienced team that can conduct a thorough national security assessment of the transaction, build-in appropriate provisions and risk allocation in the M&A documents, and can bring to bear deep, current experience in navigating these reviews in jurisdictions that are relevant is essential," Mancuso said.
