CFIUS steps up pace of M&A and investment reviews

By Ms. Deirdre McEvoy-Cappock & Mr. Aimen Mir

A year after the Foreign Investment Risk Review Modernization Act (FIRRMA) went into effect, dealmakers are feeling the impact on both control transactions and minority investments. 

CFIUS expert Aimen Mir (Freshfields) and Deirdre McEvoy-Cappock (Siemens) report a rapid uptick in the number of reviews as the Committee's staffing levels increased in the past year and it’s remit widened to include equity, debt, or hybrid securities that could conceivable led the investor to gain access to sensitive assets.

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Pandemic-adjusted deal terms and M&A process changes

By Mr. Rajive Dhar & Mr. Nic Volpi & Ms. Connie Chen & Brian T. Mangino

This discussion, during the annual M&A Conference at Wharton San Francisco that was held virtually this year, examined current negotiation points and deal terms that may be employed to allocate risk and bridge gaps between buyers and sellers. 

This discussion was chaired by Brian Mangino (Fried Frank) and included Nic Volpi (Permira Advisers), Connie Chen (Broadcom), and Rajive Dhar (Informatica).

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Global merger control and antitrust challenges: Sensitive data and limited R&D risk

By Ms. Christie Stahlke & David Emanuelson & Mr. Matthew Readings & Mr. Ben Gris

This session provided guidance on the shifting environment for competition reviews in the United States, Europe, and other jurisdictions. The participants commented on specific deal terms that anticipate protectionist views and antitrust challenges associated with sensitive data and limited R&D risk and the merits of negotiating prospective remedies or remaining silent.

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Ask the M&A Leadership Council

By Mr. Ken Bond & Mr. Sanjay Kacholiya & Ms. Eileen Kamerick & Ms. Margot Miller & Mr. Gil Ohana & Mr. Brett Shawn & Mr. Michael T. Wolf

This interactive session provided an opportunity for conference participants to ask members of the prestigious M&A Leadership Council questions on a range of deal-related topics.

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Navigating regulatory hurdles: Avoiding closing delays

Navigating regulatory hurdles: Avoiding closing delays
By Mr. Stephen Diamond & Mr. Robert Sieland & Mr. Bob Zapata & Mr. Aly El Hamamsy

The regulatory impact on timing to close was considered in this session, which looked at specific deal terms, coordinating issues, and methods for balancing U.S. securities laws with changing and conflicting requirements in other jurisdictions.

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