Webcast: CFIUS Reform and the Implications for Real Estate Transactions

October 18, 2018

On August 13, 2018, President Trump signed legislation that will significantly expand the scope of inbound foreign real estate investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).  The Foreign Investment Risk Review Modernization Act (“FIRRMA”) provides CFIUS with authority to review real estate transactions—including leases, sales, and concessions—involving air or maritime ports or in close proximity to sensitive U.S. government facilities.  In this CLE webcast presentation, Gibson Dunn attorneys discuss the Committee’s view of relevant national security risks and anticipated implementing regulations for such transactions.

Topics to be covered:

  • CFIUS Overview
  • National Security Risks Associated with Real Estate Transaction
  • FIRRMA’s Real Estate Provisions
  • Impact on Real Estate Investments and Transactions

View Slides [PDF]


PANELISTS:

Judith Alison Lee, a partner in our Washington, D.C. office, is Co-Chair of the firm’s International Trade Practice Group. She practices in the areas of international trade regulation, including USA Patriot Act compliance, economic sanctions and embargoes, export controls, and national security reviews (“CFIUS”). She also advises on issues relating to virtual and digital currencies, blockchain technologies and distributed cryptoledgers.

Jose W. Fernandez, a partner in our New York office and Co-Chair of the firm’s Latin America Practice Group, previously served as Assistant Secretary of State for Economic, Energy and Business Affairs during the Obama Administration, and led the Bureau that is responsible for overseeing work on sanctions and international trade and investment policy. His practice focuses on mergers and acquisitions and finance in emerging markets in Latin America, the Middle East, Africa and Asia.

Andrew A. Lance, a partner in our New York office, is Co-Head of the Real Estate Practice Group’s Hotel and Hospitality Practice. His practice focuses on real estate capital markets, transactional and finance matters, including rated commercial real estate structured financings, multistate mortgage financings, mezzanine financing, management and finance.

Stephanie L. Connor, a senior associate in the Washington D.C. office, practices primarily in the areas of international trade compliance and white collar investigations. She focuses on matters before the U.S. Committee on Foreign Investment in the United States (“CFIUS”) and has served on secondment to the Legal and Compliance division of a Fortune 100 company.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.50 credit hours, of which 1.50 credit hours may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.25 hours.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 1.25 hours. Regulated by the Solicitors Regulation Authority (Number 324652).

Application for approval is pending with the Colorado, Texas and Virginia State Bars.

Most participants should anticipate receiving their certificates of attendance via e-mail in approximately 4 to 6 weeks following the webcast.

Members of the Virginia Bar should anticipate receiving the applicable certification forms in approximately 6 to 8 weeks.