872 CFIUS and Cross-Border Mergers & Acquisitions

This course will examine, from a practitioner’s perspective, the evolving history of the Committee on Foreign Investment in the United States (CFIUS), and its functions, procedures, and expanded jurisdictions under the new FIRRMA legislation. For cross-border M&A attorneys, CFIUS has posed new challenges at the deal-structuring stage. Students will examine a few recent CFIUS cases involving buyers from Asia, and how deal lawyers can add “value” to the deal-making process by helping their clients navigate the CFIUS regime. The course will conclude with a few open-ended questions surrounding the constitutionality of the CFIUS regime and the justification of its extra-territoriality.

Degree Requirements
Course Type
Lecture
Learning Outcomes
Other professional skills needed for competent and ethical participation as a member of the legal profession

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.