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

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