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CFIUS and the Next Wave of Foreign M&A Briefing

Event | 10.15.09, 12:00 AM UTC - 12:00 AM UTC

This briefing is sponsored by The Export Practitioner and Washington Tariff & Trade Letter.

In 2007 and 2008, major changes were made to the statute, regulations and executive order that govern reviews of foreign investments by the interagency Committee on Foreign Investment in the U.S. (CFIUS). Those changes may face significant tests in the near future. With the decline in the market capitalization of many U.S. companies and growing foreign holdings of U.S. dollars, a new wave of investments, mergers and acquisitions by foreign buyers, especially from China, India and the Middle East, may be coming. How will CFIUS balance the U.S. commitment to an open investment policy in the face of intensified national security concerns? This timely and valuable audio-conference briefing will give the participant an insider’s understanding of the CFIUS process and what they must know to navigate successfully a foreign acquisition of a U.S. company. Their expert speakers were central figures in drafting the new CFIUS regulations and the executive order, as well as the guidance on national security reviews issued concurrently with the regulations.

Ted Posner is one of the speakers.

For more information, please visit these areas: International Trade

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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