Navigating Regulatory Challenges in M&A Transactions

In the 17th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by Antonia Tzinova, the head of Holland & Knight's Committee on Foreign Investment in the United States (CFIUS) and Industrial Security Team, to identify and analyze the many government entities that play a part in regulating mergers and acquisitions (M&A) that raise national security concerns. In addition to Foreign Ownership, Control or Influence (FOCI) mitigation and CFIUS review, Ms. O'Casey and Ms. Tzinova discuss the rules and responsibilities related to the Directorate of Defense Trade Controls (DDTC), Hart-Scott-Rodino Act (HSR) and Bureau of Economic Analysis (BEA). Both attorneys stress the importance of accurate and timely filings to avoid potential consequences such as loss of export privileges and financial penalties. Adherence to these procedures will protect businesses and enhance national security. Although this field is undoubtedly complex, their concluding advice for companies navigating these regulatory landscapes is simple: "Get help, get it early."