What Business Lawyers Need to Know About the Committee on Foreign Investment in the United States (CFIUS)
Co-Hosted by the OSB Business Law Section and the OSB International Law Section
Tuesday, April 18, 2023, Noon–1:15 p.m.
In-person at Stoel Rives LLP, 760 SW 9th Ave, 30th Floor, Portland or online via Zoom
CLE Credits: 1 General (pending)
Learn about the Committee on Foreign Investment in the United States (CFIUS), and when a filing with CFIUS is mandatory. This program will include case studies illustrating the kinds of issues that will trigger a CFIUS review in seemingly ordinary M&A and corporate finance transactions, and provide practical tips to help business lawyers identify CFIUS issues early and address them proactively.
CFIUS is an inter-agency committee within the executive branch of the U.S. government that reviews foreign investments in U.S. businesses and real estate for national security risks. The Committee has the power to impose mitigation measures and recommend that the President prohibit transactions that threaten national security. Under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), filing with CFIUS is now mandatory in certain circumstances. Determining whether a CFIUS filing is mandatory is an important diligence step for any transaction in which an investor or acquiring party may be a “foreign person” (including U.S. entities controlled by foreign persons), as CFIUS can impose civil penalties of up to the value of the transaction against each party that fails to file when mandatory. If not formally notified of a transaction by either a mandatory or voluntary filing, the Committee retains the power to investigate and potentially unwind a transaction at any time, including after the transaction has been completed.
This presentation is designed to provide business practitioners with essential knowledge and tools to spot potential CFIUS issues and address them when appropriate.
There is no cost to attend the event, but registration is required.
Lunch will be provided for in-person attendees, courtesy of Stoel Rives LLP.
Click here to register for the in-person event at Stoel Rives. Limited to 50 in-person attendees.
Click here to register for the online event. Please note: The Zoom presentation begins at 12:15 p.m.
(Participants must register by noon on Friday, April 14. The meeting link will be emailed to online participants the afternoon of April 17.) For questions regarding the meeting link, please contact Melissa Jaffe.
Note: Make sure to click “Register” then click on “View Cart” at the top right of your screen, then click “Checkout” in order to make sure your registration is complete. If you do not receive an automated email confirmation and receipt then you did not register correctly, contact the CLE service center for assistance.
For registration questions, please contact the OSB CLE Service Center at (503) 431-6413, (800) 452-8260, ext. 413, or via email.
About the Presenter:
Kassim Ferris is a partner at Stoel Rives with over 25 years of experience handling intellectual property and international trade regulation matters. Mr. Ferris represents clients in connection with national security reviews by the Committee on Foreign Investment in the United States (CFIUS), intellectual property issues in government contracting, and compliance with U.S. export controls. His intellectual property practice includes domestic and international patent procurement, patent opinions, technology licensing, patent enforcement and defense, and intellectual property aspects of mergers, acquisitions and other corporate transactions. He holds his J.D. from Willamette University College of Law and an undergraduate degree in Mechanical Engineering.
Executive Committee Meetings
The EC will meet on the first Thursday of each month. (It will not meet in August and December.) The meetings will be a hybrid format where EC members may join by Zoom or in person. Each meeting will be hosted by an EC member at his or her office.
Thursday March 2, 2023 at 12:00–1:00: Sussman Shank / Melanie Choch
Thursday April 6, 2023 at 12:00–1:00: Lane Powell / Joe Cerne
Thursday May 4, 2023 at 12:00–1:00: Black Helterline / Tim Crippen
Thursday June 1, 2023 at 4:00–5:00; followed by an EC happy hour 5:00–6:00: Stoel Rives / Will Goodling
Thursday July 6, 2023 at 12:00–1:00: Emerge Law Group / Kaci Hohmann
Thursday September 7, 2023 at 12:00–1:00: Miller Nash / Ben Pirie
Thursday October 5, 2023 at 12:00–1:00: Hathaway Larson / Matt Larson
Thursday November 2, 2023 at 12:00–1:00: Schwabe, Williamson & Wyatt / Blake Bowman
Newsletter Committee Meetings
The committee meets via Zoom.
2022 Business Law Update
OSB CLE Seminar cosponsored by the Business Law Section Wednesday November 2, 9:00 AM–12:10 PM; and Thursday, November 3, 9:00 AM–1:20 PM
Day 1 – November 2, 2022
Cautionary Advice Related to Securities for Business Attorneys
- Basics of: (i) exemption to registration and (ii) adequate disclosure/avoiding material misrepresentations
- Broker-dealer exemption considerations
- Oregon securities liability for attorneys
Dan Keppler, Foster Garvey
Charmin Shiely, Schwabe, Williamson & Wyatt
Upcoming LLC Legislation: A Legislative Preview of Oregon’s Version of the Revised Uniform Limited Liability Company Act
- Background of Oregon Law Commission’s LLC Modernization Work Group
- Overview of The Revised Uniform Limited Liability Company Act (RULLCA)
- Comparison of RULLCA to Oregon’s Current LLC Act
- Next Steps in the Legislative Process
Michael D. Walker, Samuels Yoelin Kantor, LLP
Employment Law Updates for Business Lawyers
Employment law is a fast-changing area that impacts every business sector. If your clients have employees, they have employment law issues.
Join members of the Markowitz Herbold employment team to learn about recent changes to the law that could impact your advice to your business clients, including pay equity, noncompetition and nonsolicitation agreements, and more.
Laura Salerno Owens, Markowitz Herbold
Kathryn P. Roberts, Markowitz Herbold
Day 2 – November 3, 2022
2022/2023 Intellectual Property Updates for Business Lawyers
- The alphabet soup of intellectual property agencies and how they differ
- New initiatives from a variety of organizations designed to incentivize diverse participation
- Common details that will trigger your need to consider intellectual property protections
- Easy ways to protect your clients
Melissa B. Jaffe, Law Offices of Melissa B. Jaffe, PC
- Tax issues coming out of the Inflation Reduction Act
- Brief update on Oregon state and local taxes
- Other Federal, state, and local hot topics and proposals
Dan Eller, Schwabe, Williamson & Wyatt
Alee Soleimanpour, Schwabe, Williamson & Wyatt
A Few of Our Favorite Things Business Lawyers Should Know about Bankruptcy
- Overview of the different types of bankruptcy filings
- Pre-bankruptcy issues for debtors and creditors to consider
- Opportunities that bankruptcy presents to businesses
- What is the automatic stay and how to make sure your client doesn’t violate it
Ava Schoen, Tonkon Torp
Danny Newman, Tonkon Torp
Ethics in the Age of Social Media: the Dos and Don’ts In and Out of Client Disputes
Lawyers use social media every day, for personal use, to look up clients, to investigate jurors, and to market their legal services. There is no denying the benefits in using it—but there is risk as well. This presentation will review cases and ethics opinions to explore the dos and don’ts of using social media.
David J. Elkanich, Buchalter PC
Business Law Section meetings with law school students
The Lewis & Clark Law School panel event was held on April 12 from 12:10 to 1:00 p.m. Four panelists discussed the ins-and-outs of practicing business law and how to prepare for internships with a focus on business law.
Recent Developments in Business Law 2021
Thursday, December 16, 2021/ 9:00 AM –4:15 PM
5 General CLE credits and 1 Ethics credit
- Federal Tax Updates
- Cannabis Legal and Industry Updates—The View from Oregon
- “Hybrid” Offices and “Remote” Work: Law Firm Risk Management Considerations
- Key Insurance Issues for the Business Lawyer
- Let’s Make a Deal: Asset Purchases in Bankruptcy, Strategies, Procedure, and Benefits
- Landlord-Tenant Law Updates
- History of COVID-19 laws (how did we get here?)
Beyond the Pandemic: Workplace Considerations for Post-COVID Reopening
Thursday, October 21, 2021/8:30 –-9:30 AM
Online Via Zoom
The Business Law Section was pleased to be joined by Natalie Pattison of Barran Liebman. During this one hour virtual presentation Natalie discussed a wide range of timely topics including returning to the workplace, vaccine and mask mandates, Oregon OSHA’s recent rule updates on heat and wildfire smoke, and other important legislative updates.
Natalie represents employers on a wide range of employment and labor matters, including defending employers against claims for discrimination, retaliation, wrongful discharge, and wage and hour violations, as well as developing effective workplace policies. She routinely advises clients on compliance with Oregon Health Authority and Oregon OSHA rules and regulations, including those for COVID-19.
OSB Business Law Section 2020 Annual Meeting
November 5, 2020
During the annual meeting the following were elected to the Executive Committee
Terms ending December 31, 2021
Chair: Jeffrey S. Tarr
Chair-Elect: Kara E. Tatman
Past-Chair: Genevieve A. Kiley
Treasurer: Anne E. Arathoon
Secretary: William J. Goodling
Terms ending December 31, 2022
Charmin B. Shiely
Benjamin M. Kearney
James K. Hein
Term ending December 31, 2021
Tyler J. Volm
Members previously elected to the executive committee and continuing through December 31, 2021, include:
Matthew D. Larson
Emily M. Maass
David G. Post
Current Developments in Business Law
Annual Business Law Section CLE Program
November 5 & 6, 2020
- Regional Corporate Law Update: Oregon, Washington, California
- Rebounding: Employer Tips & Protocols for Returning to Work
- History of Exclusionary Laws
- Representation and Warranty Insurance and Business Interruption Insurance
- Acquisition of Distressed Business Assets/Restructuring and Bankruptcy Options
- Special Purchase Acquisition Companies
- Negotiating a Deal Ethically
A Happy Hour Presentation on Navigating Business Client Conflicts and Waivers
Thursday, February 6, 2020
Buckley Law P.C.
5300 Meadows Rd., Suite 200
Lake Oswego, OR 97035
William Gaar, Shareholder at Buckley Law P.C.
Joe Carlisle, Shareholder at Buckley Law P.C.
Presented by theNew Business Lawyers Committee
Joint Social Event with Oregon Society of CPAs
Wednesday, November 13, 2019
Departure (in The Nines Hotel, downtown Portland
The Oregon State Bar Business Law Section and the Oregon Society of CPAs held hold a joint social event that provided a great opportunity to network with our friends from the accounting profession and each other.
OSB Business Law Section 2019 Annual Meeting
The annual meeting of the Business Law Section was held on November 8, 2019 at noon at the Multnomah Athletic Club, 1849 SW Salmon St, Portland, OR 97205.
During the annual meeting the following members were elected to the 2020 Executive Committee:
Terms ending December 31, 2020
Chair: Genevieve AuYeung Kiley
Chair-Elect: Jeffrey S. Tarr
Past-Chair: Valerie H. Sasaki
Secretary: Anne Arathoon
Treasurer: Kara Ellis Tatman
Terms ending December 31, 2021
William J. Goodling
Emily M. Maass
David G. Post
Members previously elected to the executive committee and continuing through December 31, 2020, include:
Tyler John Volm
James K. Hein
Benjamin M. Kearney
Charmin B. Shiely
Business Law Section Annual CLE program
Friday, November 8, 2019
Multnomah Athletic Club, Portland
- Seven Ways to Identify and Protect a Company’s Intellectual Property
- Codes of Conduct and Building a Culture of Compliance: a View from the Inside
- Ethics for Business Lawyers
- Secured Transactions for Business Lawyers
- Tips for Clear and Effective Contract Drafting
- Securities Regulation Refresher
- R & W Insurance: a (Relatively) New Tool in the M&A Toolbox
- Using Technology in Your Law Practice: Today and Tomorrow
- SB 359: Ratification of Defective Corporate Actions
- What Business Lawyers Need to Know About Fixing Past Tax Errors
Saturday, July 20, 2019
Laurelhurst Park, Portland
The New Business Lawyers subcommittee hosted a picnic for law students and members of the Bar and their families and friends.
Understanding and Preparing for the California Consumer Privacy Act
Thursday, June 20, 2019/7:30–9:00 a.m.
Perkins Coie, Portland (live)
and Karnopp Petersen, Bend (Webinar)
Employment Law: What Corporate Lawyers Need to Know
Wednesday, April 3, 2019/8:00 to 9:00 a.m.
Business Law Section CLE program
Live in Portland (Perkins Coie) and webcast in Eugene (University of Oregon School of Law) and Medford (Brophy Schmor).
The CLE featured Melissa Healy and Alisha Kormondy of Stoel Rives presenting an informative session on employment law as it applies to corporate lawyers, including a discussion of recent developments, common pitfalls, and tips for minimizing risk.