Workshop B — Your Updated Guide to CFIUS Penalties and Enforcement: What It Now Takes to Mitigate the Risk of Liability, Transaction Delays and Denials

Apr 23, 2025 1:30 pm – 5:00 pm

Geoffrey M. Goodale
Partner
Duane Morris LLP

Evan Sills
Counsel
Kabealo Law

Registration opens at 12:30

During this in-depth interactive session, delegates will unpack what constitutes a CFIUS violation, types of violations, penalties and recourse. This session will also discuss the steps to consider prior to a CFIUS filing to avoid a violation.

Part One: What Constitutes a Violation and Type of Misconduct  

  • Failing to file, timely filing, mandatory declaration 
  • Non-compliance with the mitigation agreement 
  • Misstatements, omissions and false certifications 

Part Two: Penalties Under the Microscope 

  • Next steps upon receiving a notice of a penalty, including a written explanation of the misconduct  
  • Petitioning for reconsideration, including any defense, justification, mitigating factors, or explanation.   
  • Calculating the penalty amount 

Part Three: Aggravating and mitigating factors 

  • Analyzing the threat to national security 
  • Calculating how the conduct impaired or threatened to impair U.S. national security 
  • Determining whether the conduct was the result of negligence, intentional action, or willfulness 
  • Examining how often or persistent the conduct occurred, when was it realized, and what action was taken to correct it