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Thinking Ahead About the New CFIUS Regime: Considerations for M&A Strategy and Outlook 

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View the webinar on demand. (CLE Credit Available)In this webinar, MoFo and Rothschild & Co discussed the strategic and practical...

<a target="_blank" href="https://www.veracast.com/webcasts/mofo/mcle_programs/84143261.cfm">View the webinar on demand.</a> (CLE Credit Available)In this webinar, MoFo and Rothschild & Co discussed the strategic and practical importance of the newly effective rules expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) and changes still to come.This webinar featured the following speakers:<ul><li>Joseph A. Benkert, Senior Advisor, National Security, CFIUS, Sanctions + Export Controls, Morrison & Foerster</li><li>Charles L. Capito, Partner, National Security, CFIUS, Sanctions + Export Controls, Morrison & Foerster</li><li>Federico G.M. Mennella, CFA, Managing Director and Co-Head of Global Chemicals & Materials Practice, Rothschild & Co</li><li>Moderator: Dario de Martino, Partner, Mergers + Acquisitions, Morrison & Foerster</li></ul>We discussed how to prepare for CFIUS early in a transaction’s life cycle, key changes to the CFIUS review process under the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS diligence, and how changes to export controls will impact CFIUS’s scope.One hour of CLE credit is pending for this program.<hr>

Thinking Ahead About the New CFIUS Regime: Considerations for M&A Strategy and Outlook

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Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.In the National Security space, he has significant experience counseling clients on the complex and evolving considerations related to the Committee on Foreign Investment in the United States (CFIUS). Charles frequently helps investors and U.S. businesses through every aspect of the CFIUS process, from understanding and allocating CFIUS risk on the front end, to presenting cases before the Committee, to negotiating appropriate mitigation measures, and ultimately to implementing and complying with mitigation agreements after the fact. Charles’ experience includes securing clearances for some of the largest and most sensitive cases reviewed by CFIUS, as well as dozens of more discreet transactions and investments.Charles regularly advises clients on critical regulatory regimes in the national security space. Whether in the context of specific transactions or day-to-day counseling, clients rely on Charles to help them comply with and operate under U.S. export controls, in particular, the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). These regimes, especially the EAR, are undergoing noteworthy and complex changes, and now play key roles in other legal regimes like CFIUS. In addition, government contractors with access to classified information and their investors go to Charles to understand their obligations under the National Industrial Security Program (NISP) and, in particular, the sensitive issues presented by foreign ownership, control, or influence (FOCI) in this space.Companies operating in today’s national security space are wise to take a holistic view of the legal environment incorporating not only their legal obligations today, but also the wider geopolitical landscape to plan for the future. Charles speaks and writes regularly on these and other topics in the national security space, and has been recognized by legal publications like Chambers USA and Best Lawyers for his expertise in these areas.Charles is also a seasoned Government Contracts practitioner, assisting government contractors with a wide variety of compliance and litigation issues. This includes the numerous national security issues government contractors face when they are subject to FOCI, manufacture or export defense articles under the ITAR or sensitive dual-use technology under EAR, or are required to understand and comply with recent compliance regimes like Section 889 of the 2019 National Defense Authorization Act. Charles also has years of experience on pre- and post-award bid protests before the Government Accountability Office and the Court of Federal Claims, and contracts claims and disputes before the boards of contract appeals, and other judicial and administrative tribunals.  Additionally, he counsels clients on prime- and subcontractor disputes, small business issues, compliance with federal procurement regulations, and government contracts mergers and acquisitions.Charles graduated from Washington & Lee University School of Law, where he served as senior articles editor of the Washington & Lee Law Review. He received his Bachelor of Arts degree from Duke University.

Charles Capito

Partner

Joseph Benkert is a senior advisor in Morrison & Foerster’s National Security practice group. He advises clients on critical national security matters pertaining to the Committee on Foreign Investment in the United States (CFIUS), export controls, and various regulatory and compliance issues.Mr. Benkert previously served as a leading civilian official in the Department of Defense (DoD) from 2003-2009 under both the Bush and Obama administrations, including as Assistant Secretary of Defense for Global Security Affairs after being nominated by President Bush and confirmed by the Senate.While at the DoD, Mr. Benkert led the department’s involvement in numerous complex matters before CFIUS. He oversaw more than 400 CFIUS cases and represented DoD in CFIUS deliberations determining whether a foreign investment in a U.S. company or its operations represented a national security risk. Mr. Benkert’s responsibilities at DoD also included managing technology security policy, the reform of export control processes, numerous sensitive nonproliferation projects, and a broad range of other defense-related issues. He continues to serve as an advisor on DoD’s Threat Reduction Advisory Committee.More recently, Mr. Benkert served as a Vice President of a leading global consultancy group, under former Secretary of Defense William Cohen. During his tenure, he advised clients on transactional matters that were subject to CFIUS review.Mr. Benkert was a career Navy officer with extensive experience both in operational command and in national security policy formulation and implementation. He was the Executive Director of the Chief of Naval Operations Executive Panel, an advisory group for the Navy’s senior uniformed leader, and served in the Office of the Under Secretary of Defense for Policy both as a senior military assistant and as the Director of European Policy. His commands included a frigate, a guided missile cruiser, two destroyer squadrons, and operational groups.

Joseph A. Benkert

Senior Advisor, National Security

Mergers + Acquisitions

National Security, CFIUS, FARA, Sanctions + Export Controls

Thinking Ahead About the New CFIUS Regime: Considerations for M&A Strategy and Outlook  - 567980271

Thinking Ahead About the New CFIUS Regime: Considerations for M&A Strategy and Outlook

10 Mar 2020 8:30 AM - 9:30 AM PDT