Agenda

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Day 1 - Wednesday, June 8, 2022
Day 2 - Thursday, June 9, 2022
Post-Conference Workshop
Multi-Jurisdictional Scope Analyses and Filing Decision-Making: The Nuances of Determining Where, When and How to File and Navigate Simultaneous Reviews and Timelines
Jun 9, 2022 1:30pm – 5:00pm
Speakers

Renato Antonini
Partner
Steptoe & Johnson LLP, Brussels

Sven De Knop
Partner
Sidley Austin LLP, Brussels
Day 1 - Wednesday, June 8, 2022
7:45 |
Registration and Networking |
8:45 |
Co-Chairs’ Opening Remarks![]() Dr. Tilman Kuhn ![]() Samantha Mobley |
9:00 |
EUROPEAN COMMISSION SCREENINGPART I – Status Report on the European Commission Screening: Key Updates on the Review Process, Filing Requirements and TimelinesThis session will look at the Report from the Commission to the European Parliament and the Council: First Annual Report on the screening of foreign direct investments into the Union, released November 2021, including the review of reports by the 27 Member States and other sources, confirming the clear value-added of the Regulation and the cooperation mechanism.
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9:30 |
EUROPEAN COMMISSION SCREENINGPART II – MEMBER STATE IMPLEMENTATION FRAMEWORK Comparing and Contrasting EU Member States’ Implementation of the EU Regulatory Screening Framework![]() Marie-Anne Lavergne ![]() Dr. Jan Bonhage ![]() Pedro Callol ![]() Dr. Angelika Milger This four-part session will compare and contrast how FDI regulations are applied across different member states, what has changed in the last 12-months and how to navigate the nuances of varying regimes. With the latest regulatory changes in the UK, Germany, France and Italy, this session will delve into the implementation of the EU screening framework. The distinguished faculty members will address the baseline substantive criteria and the degree of discretion left for domestic screening application. GERMANY FRANCE SPAIN |
11:00 |
Networking Break |
11:15 |
EUROPEAN COMMISSION SCREENINGPART III – PRACTITIONERS’ STRATEGIC INSIGHTS: The Newest Best Practices for Navigating the Review Process and Grey Areas of the EU Commission Report![]() Dr. Jérôme Philippe ![]() Lucio D’Amario Building on the previous session, learn how legal practitioners are deciphering the EU Commission’s report and revisiting strategies for filings and mitigating the risk of delays. Topics will include:
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12:15 |
Networking Luncheon |
1:30 |
UNITED KINGDOMThe NSIA Five-Months – A Check-In on How the NIS Regime is Working in Practice: What is Triggering Reviews, Causing Delays and Enhanced Scrutiny of Transactions![]() Marc Israel ![]() John Messent This session will examine the practical implementation of the United Kingdom’s National Security and Investment Act 2021 ("NSIA"), enacted in January 2021. Experts will discuss the latest best practices and grey areas.
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2:30 |
Incorporating Mitigation Strategies into Your Deal Structure: The Finer Points of Passing Clearance and Getting the Deal Done![]() Dr. Andrea Pomana ![]() Steven Klemencic
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3:15 |
Networking Break |
3:30 |
CASE STUDYLessons Learned from Recent, High-Profile Transactions Including Syngenta, Couch-Tard and Nuctech![]() Dr. Tilman Kuhn ![]() Julie Soloway This session will take a closer look at the news-making transactions, the practical questions and aftermath arising from three of the most recent, significant transactions and what they what is reveal for future transaction filings, timelines and deal approval.
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4:15 |
In-House Executive Insights on FDI Reviews, Mitigation and Post-Transaction Challenges: Positioning Your Organisation for Deal Approval and Post-Acquisition Success![]() Dominik Eisenhut Moderated by:![]() Alan Levesque Senior in-house executives will walk you through the most pressing, complex FDI challenges that come across their desks. Learn best practices for embedding global regulatory requirements into your processes and procedures. Benefit from first-hand insights and concrete examples of pitfalls to avoid once the deal is done. Real world examples include:
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5:00 |
End of Day One |
Day 2 - Thursday, June 9, 2022
8:30 |
Co-Chairs’ Opening Remarks![]() Dr. Tilman Kuhn ![]() Samantha Mobley |
8:35 |
Early Riser Keynote Address![]() Bruce Miller AO |
9:05 |
KEYNOTE ADDRESSUK Priorities for Investment Security![]() Jacqui Ward |
9:30 |
Which Industry Sectors are Now Raising Red Flags: Real-World Insights on What is Now Causing Delays and Derailing Deals?![]() Dr. Roland M. Stein ![]() Chase D. Kaniecki ![]() J. Tyler McGaughey This session will look at which sectors are being scrutinised more than before as potential national security risks, and how sectors may vary depending on country regime. This session will also look at traditional high-risk sectors and which types of transactions continue to cause delays in the FDI review process.
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10:30 |
Networking Break |
10:45 |
Managing the Interplay between CFIUS, UK and EU Member State Regimes: Critical Updates on FIRRMA, CFIUS Reviews and Mitigation Expectations![]() Dr. Thomas S. Wilson ![]() Steven Klemencic ![]() Jonathan Panikoff ![]() Alan Levesque
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11:30 |
The Nuances of FDI Filings in Australia: Need-to-Know Takeaways for Current and Future Transactions![]() Marcus Clark ![]() Deborah Johns This session will explore Australia’s foreign investment framework, which came into effect in January 2021 and is governed by the Foreign Investment Review Board (FIRB). Delegates will hear critical insights on how the reforms are structured for safeguarding national security.
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12:15 |
Special Considerations for Transactions Involving Sensitive or Personal Data: Embedding Mitigation Controls into Your Deal Structure![]() Randall H. Cook ![]() Dr. Roman Reuter ![]() Jenine Hulsmann This session will look at which mitigation strategies and controls can be used to assist with structuring a merger on investment agreement when sensitive data or personal data is involved.
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1:00 |
End of Conference |
Multi-Jurisdictional Scope Analyses and Filing Decision-Making: The Nuances of Determining Where, When and How to File and Navigate Simultaneous Reviews and Timelines

Renato Antonini
Partner
Steptoe & Johnson LLP, Brussels

Sven De Knop
Partner
Sidley Austin LLP, Brussels
What is it about?
Join practitioners for this highly anticipated post-conference interactive strategy session to hear the most critical strategic insights and best practices for multi-jurisdictional reviews. Delegates will convene in a small working group to compare notes and work through the most complex, pressing decisions coming across practitioners’ desks.
Part I
The Nuances of Determining Where, When and How to File and Navigate Simultaneous Reviews and Timelines
- The most critical missteps to avoid when conducting a scope analysis to determine for a multi-jurisdictional filing
- How to coordinate multiple reviews in multiple jurisdictions
- Navigating overlapping, conflicting filing requirements and timelines
- Executing a multi-jurisdictional review, adhering to the wording of the law and examining how nuanced wording might differ in different jurisdiction
- Knowing when to rely on external local counsel to assist with filing and how much research can be handled internally
- Coordinating with legal experts and government departments across jurisdictions
Part II
Challenging an FDI Review Decision in Court: Determining the Available Legal Recourse
- What types of challenges are being brought forward through the court system and on what grounds
- Considering possible outcomes and how will they affect investors?
- Analysing whether emergency measures, brought into effect amid the Covid-19 pandemic in 2020, should still be a consideration amid FDI reviews