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Foreign Investment in the Trump Era – Tech Focus

May 03, 2018
4:00 PM to 8:00 PM PST

BDO San Jose
300 Park Ave
Suite 900
San Jose, CA 95110
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Natasha Morales
(408) 352-3576
  • Summary
  • Agenda
  • CPE Information
  • Speakers
BDO USA, LLP invites you and your colleagues to a complimentary program that highlights timely, technical compliance updates, and provides key takeaways on the current regulatory climate of cross-border mergers and acquisitions. 

The program will include an overview of the Committee on Foreign Investment in the United States (CFIUS), a comprehensive evaluation of the formal national security factors considered by the US Government in foreign direct investment in critical infrastructure, and the implications of the current regulatory climate under the current Presidential Administration.

We will discuss the rapidly shifting global economy, disruptive innovation, critical and dual-use technologies, and the weaponization of information that have become an unrelenting combination of force stimulating change and creating risk as billions of dollars of investment surge into the US economy.

Thank you and we look forward to seeing you on May 3rd!
4:00 PM to 4:30 PM - Registration

4:30 PM to 6:30 PM - Presentation

6:30 PM to 8:00 PM - Appetizers and beverages
Event Learning Objectives:
  • Develop foundational understanding of the Committee on Foreign Investment in the United States (CFIUS), Foreign Direct Investment trends, Economic Norms, Relevant Statutory Provisions of Foreign Investment and National Security Act (FINSA) as well as proposed regulation Foreign Investment Risk Review Modernization Act (FIRRMA)
  • Evaluation of professional ethics around the protection of national security from emerging global risk and technological advances while maintaining an open investment policy. Develop methods and models to promote fair and impartial evaluation of national security risks in consideration of impartial regulation drafting in both theory and practice
  • Enhance understanding around formal national security factors, impact on clients, impact on the legal profession and professional obligations to US governmental regulations, and the implication of the current regulatory climate within the US national security and economic ecosystems
Delivery: Group Live
Prerequisites: None
Advanced Prep: None
Credits: 2.0 CPE credits in Business Law
Program Level: Overview
BDO USA, LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org
Michael Barba leads BDO’s National Security Compliance Practice. He has led engagement teams in a variety of cases involving the Committee on Foreign Investment in the United States (CFUIS), including as the independent and neutral third-party auditor, monitor, and escrow agent. He has CFIUS experience in the telecommunications, financial services, aerospace and defense, and biometric industries; providing risk assessments and monitoring compliance obligations. His responsibilities span the lifecycle of CFIUS filings, from pre-filing preparation to evaluation of mitigation terms. Michael has years of experience analyzing National Security Agreements, Letters of Assurance, and Interim Orders / Orders of Divestiture, and has developed customized work plans approved by the U.S. Government to meet the mitigation requirements.

Michael advises clients with pre-filing evaluation and impact studies, enhanced corporate security governance to meet the agreed upon requirements, and providing mitigation, implementation, and assessment models. His extensive experience in technology, network security and physical security provide essential perspective for identifying solutions through the review of network and physical infrastructures.

 John Lash provides critical strategic expertise at the intersection of business, technology, and operations – developing innovative solutions during times of change and transformation where budget, reputation, and performance outcomes are at risk. John specializes in governance, compliance, and risk management, performing cross-border advisory services specific to the National Security requirements under the Committee on Foreign Investment in the United States (CFIUS).

He has directed teams and advised clients during all phases of CFIUS preparation, submission, and review. His experience spans multiple critical infrastructure industries in expansive geographic locations. He has provided guidance with pre-filing evaluation and impact studies (operational and economic), enhanced corporate security governance, and comprehensive mitigation, implementation, and assessment models. Representative engagements include acting as an individual and neutral third-party auditor, monitor, and escrow agent, with respect to National Security Agreements, Letters of Assurance, Orders of Divestiture, and government orders establishing mitigation measures.

John is based in Washington DC, and has an M.B.A from Kenan-Flagler Business School in North Carolina, and a B.S. in Accounting from Juniata College.