Attention:
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The Impact of CFIUS Regulations on International Transactions


Level: Advanced
Runtime: 62 minutes
Recorded Date: October 06, 2021
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Agenda

  • CFIUS Introduction
  • Actions
  • Jurisdiction Elements
  • Foreign Persons
  • US Business
  • What's New? TID (Technology, Infrastructure, Data)
  • What's New with FIRRMA?
  • Excepted Investors
  • Critical Technology Mandatory Declarations
  • Summary of CFIUS Jurisdiction
  • Q & A
Runtime: 1 hour
Recorded: October 6, 2021

For NY - Difficulty: Experienced Attorneys Only (Non-Transitional)

Description

CFIUS issued final regulations in late January to comprehensively implement FIRRMA. Further proving that addressing growing national security concerns over foreign exploitation of certain investment structures is top of mind for regulators. This session will deep dive into the key points of this regulation and what it means for international transactions.

This program was recorded as part of Corporate Counsel's Women, Influence, and Power in Law Conference held on October 6th, 2021.

Provided By

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Panelists

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Erin Bruce Iacobucci

National Security Consultant
Stroock & Stroock & Lavan, LLP

Erin Bruce Iacobucci provides strategic advice on industrial security regulations and cybersecurity issues to clients in industries ranging from defense and aerospace, to security and cyber, to the transport and energy markets — including a global supplier of state-of-the-art inspection services for the power generation industry. Erin’s experience at the U.S. Department of Defense’s Defense Counterintelligence and Security Agency (“DCSA”, formerly Defense Security Service, “DSS”) as a Foreign Ownership, Control or Influence ("FOCI") Action Officer, where she was responsible for implementing DOD’s industrial security policies and rules pertaining to facility security and personnel security clearances, give her the insight and perspective to work with clients that are already involved in performing contracts for the U.S. government and with clients that are seeking to become involved in performing such contracts. During her tenure at the DSS, Erin drafted the current DCSA Affiliated Operations Plan template and was involved in the development of government policies on National Interest Determinations for foreign-owned companies operating under Special Security Agreements. Additionally, Erin has served as a Facility Security Officer, giving her practical experience implementing FOCI and National Industrial Security Program requirements within a major multi-national organization.

Erin supports clients that are involved in compliance audits, as well as clients that are developing network separation plans for compliance with FOCI mitigation agreements. She provides counsel on best practices for U.S. government information security compliance and on risk-based security controls. Erin also assists clients in completing initial applications for facility security clearances, changed condition reports and annual certifications, and provides assistance with compliance audits and Foreign Ownership, Control or Influence (FOCI) mitigation agreements. Erin has worked with industry clients and on behalf of the U.S. government to negotiate Proxy Agreements, Special Security Agreements, Security Control Agreements, FOCI Board Resolutions, Limited Facility Security Clearances, Affiliated Operations Plans, Facility Location Plans, Electronic Communications Plans, Technology Control Plans, Visitation Policies, and Standard Operating Procedures. Erin works closely with clients to create compliance briefings and conduct training programs.

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Julia Hanft

General Counsel
Transit Wireless, LLC

Julia Hanft is General Counsel for Transit Wireless, LLC, a leading 5G communications infrastructure provider. In her role as General Counsel, Julia manages all legal matters for the company including drafting and negotiating commercial contracts; compliance; advising on regulatory, safety, and quality issues; and managing employment law issues. Julia also manages Procurement and Government Relations for the company and provides support on M&A activities of Transit Wireless’s majority shareholder, BAI Communications.

Prior to joining Transit Wireless, Julia was EVP & General Counsel for Globecomm Systems Inc., where she managed all legal matters for Globecomm’s worldwide satellite communications services business. Julia is also the founding partner of The Law Offices of Julia Hanft, where she provides advise to small and medium sized businesses.

Julia graduated magna cum laude from Georgia State University College of Law and received her Bachelor of Sciene degree in Business and Management, with distinction, from University of Redlands.

Julia is an active fundraiser for various charitable organizations and enjoys organizing fun events such as mock baby showers, cupcake contests, and pancake breakfasts, to raise money and donations for local charities.


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