Tag: CFIUS

Categories
All Things Investigations

All Things Investigations: Episode 13 – Tyler Grove on New CFIUS Executive Order

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Tyler Grove of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally.

 

 

Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to full-time associate before taking the position of counsel. Tyler’s specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings.

Key areas we explore on this podcast are:

  • The genesis of Executive Order 14083 relating to CFIUS, and what it entails.
  • It’s become a standard follow-up question when making CFIUS filings to ask about a US business’ cybersecurity policies.
  • What is excepted foreign state? 
  • The Biden administration has conducted a holistic approach to business issues that may not have been considered national security issues in the past. 
  • CFIUS has been a flexible tool for the Biden administration to apply foreign policy.
  • How companies should be prepared to respond when asked to provide information or assistance in a CFIUS review.

Resources

Hughes Hubbard & Reed website 

Tyler Grove on LinkedIn

 

Categories
Daily Compliance News

June 29, 2022 the Spies, Lies and Money-Laundering Edition


In today’s edition of Daily Compliance News:
·      Credit Suisse found guilty. (FT)
·      EY hit with a $100MM fine for cheating. (WSJ)
·      Uber ex-security chief facing criminal fraud charges. (Reuters)
·      Does Cfius review include corruption? (WSJ)

Categories
Daily Compliance News

May 7, 2022 the Useless Meetings Edition


In today’s edition of Daily Compliance News:

  • Avoiding useless meetings. (WSJ)
  • Baseball or imports in Oakland? (WSJ)
  • Do you want an engaged CEO? (NYT)
  • Will CFIUS weigh in on Twitter sale? (Reuters)
Categories
Daily Compliance News

December 1, 2021 the Low-Level Disgruntled Employee Edition


In today’s edition of Daily Compliance News:

  • What will CFIUS do? (Reuters)
  • Facebook ordered to divest Giphy by UK competition regulator. (TechCrunch)
  • Elizabeth Holmes refers to Theranos whistleblower as “a low-level disgruntled employee”. (WSJ)
  • Ex CFPB boss under consideration to oversee Fed. (Bloomberg)
Categories
FCPA Compliance Report

Doreen Edelman on CFIUS under the Biden Administration


In the Episode, I visit with Doreen Edelman, chair of the  Lowenstein Sandler Global Trade & Policy practice. She leads a unique team that combines global trade and policy expertise with cross-border M&A, technology, government contracts, white collar investigations, and business counseling practices to help clients develop strategies to minimize global business risks, increase compliance with U.S. requirements, and mitigate matters raised by U.S. regulatory agencies and the U.S. Department of Justice. Doreen joins me to bring us up-to-date on all things Committee on Foreign Investment in the United States (CFIUS) and where it is headed under the Biden Administration.
Some of the highlights include:

  1. Why do you want everyone in compliance to have some familiarity of CFIUS?
  2. Isn’t it just about foreign ownership?
  3. Is this just about China?
  4. Do you expect Biden to come in and have lots of changes?
  5. What if you have investors that are Limited Partnerships?
  6. When should company or investor start to consider CFIUS issues?
  7. Are there any exceptions? Is there a de minimus exception for small deals?
  8. What are the rules on a real estate purchase under CFIUS?

Resources
Doreen Edelman LinkedIn page

Categories
Innovation in Compliance

Navigating CFIUS Risks with Business Intelligence: Episode 4-CFIUS, Cyber Risk and Access Control

Welcome to a  sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, compliance frameworks for risks under CFIUS and effective monitoring for CFIUS. Today, in Episode 4, I visit with David Holley on the CFIUS and cyber risk and access control.
Highlights include:

  • Is it just cyber security companies, or how does CFIUS weigh this risk?
  • What steps can investors take to mitigate this in the initial processes?
  • What does an ongoing compliance framework look like to help catalyze continued success?
Categories
Innovation in Compliance

Navigating CFIUS Risks with Business Intelligence: Part 5 – Effective Monitoring and Compliance Officer Solutions for CFIUS


Welcome to a  sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, compliance frameworks for risks under CFIUS and cyber risks and access controls under CFIUS. Today, in this concluding Episode 5, I visit with Him Das on effective monitoring and compliance officer solutions for CFIUS.
Highlights include:

  • What is a monitorship and how does this work?
  • What will this looks like when it comes to CFIUS?
  • What can companies prepare for in advance of being put under the eye of a monitor?
Categories
Innovation in Compliance

Navigating CFIUS Risks with Business Intelligence: Part 3 -CFIUS and Compliance Frameworks for Export Control, Financial Crimes Risk and Anti-Corruption Compliance


Welcome to a  sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 3, I visit with Him Das on the CFIUS process regarding compliance frameworks for sanctions, export control, financial crimes risk and anticorruption risks.
Highlights include:

  • When it comes to sanctions and export control, what is CFIUS examining?
  • What sectors are particularly vulnerable to new export control rules and why?
  • How can entities leverage due diligence to mitigate these issues?
Categories
Innovation in Compliance

Navigating CFIUS Risk with Business Intelligence: Part 2-Navigating CFIUS Through Proactive Management


Welcome to a  sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, CFIUS and compliance frameworks, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 2, I visit with Him Das on navigating the CFIUS process through proactive management and compliance solutions.
Highlights include:

  • What is CFIUS looking for?
  • How do you even begin a filing?
  • What compliance frameworks do you need to get through the process?
Categories
Innovation in Compliance

Navigating CFIUS Risk with Business Intelligence: Part 1-Identifying Threats and Vulnerabilities


Welcome to a  sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through proactive management, CFIUS and compliance frameworks, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 1, I visit with David Holley on using business intelligence to identify threats and vulnerabilities under the CFIUS process.
Highlights include:

  • A broad overview of CFIUS
  • What role does business intelligence play?
  • What threats and vulnerabilities should be identified and mitigated?