CFIUS and the Heightened Enforcement Environment: Recent Trends and Strategies for Effectively Managing CFIUS Risks

Ms. Mildorf has nearly 20 years of experience representing clients in Committee on Foreign Investment in the United States (CFIUS) and foreign ownership, control or influence (FOCI) mitigation matters. She also advises clients on the US Outbound Investment Security Program and in national security reviews before Team Telecom. Ms. Mildorf has advised clients on CFIUS issues in thousands of transactions covering a wide variety of industries and investor countries. She strategically guides clients through assessing national security risks for deals, transaction structuring and jurisdictional considerations, negotiation of deal terms, all stages of the CFIUS filing and review process, engagement with relevant government officials, CFIUS mitigation negotiation and implementation, CFIUS inquiries regarding non-notified transactions, and CFIUS enforcement actions. Ms Mildorf also has extensive experience representing clients in FOCI mitigation matters. She has negotiated, prepared, and advised regarding compliance with, and implementation of, numerous FOCI mitigation arrangements, including Special Security Agreements, Proxy Agreements, Security Control Agreements, and FOCI Board Resolutions.

Mr. Donahue is an executive in Accenture’s strategy consulting practice where he works with the leaders of Tech and Telecom companies to assess, plan for and mitigate the operational and financial implications of National Security regulatory requirements. He has experience advising clients through CFIUS negotiations, implementation of CFIUS and FOCI-mitigation agreements and business unit carve outs required to meet National Security requirements.