Breakout: Tariffs, Trade Wars, and Foreign Investment in the U.S.

Boards and management teams are faced with near daily new developments related to tariffs, the trade war, and CFIUS (The Committee on Foreign Investment in the United States). All of these areas have increased deal scrutiny and operational complexity, raising the stakes for careful management of international operations and cross-border transactions. This session will cover some of the most challenging issues that companies and investors will face in navigating the ever-changing regulatory framework and employing the latest strategies in mitigating risk. Is FIRRMA (The Foreign Investment Risk Review and Modernization Act) likely to continue to focus on serious national security issues or will the approach evolve to more of a commercial policy tool over time? What are some of the more serious national security and privacy implications of transactions involving data usage, and what kinds of data are most sensitive? What characteristics, if any, do emerging, critical infrastructure, or sensitive technologies share that would be important to keep an eye on for deal planning? Are risks with China-related transactions able to be mitigated over the long term? What are some solutions that other companies have put in place to push transactions forward? How will tariffs and the relationship between China and the U.S. going forward affect the supply chain and the market? The panel will discuss how and why the regulatory landscape has evolved so significantly in the last few years and what best practices boards can deploy to stay current and help their companies navigate this complex environment.