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Lawfare Archive: The Future of CFIUS

The Lawfare Podcast

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Is It Possible to Come Up With a Mitigation Agreement Even Under the Firm?

I think the inclination is going to be no before it is yes. You don't want to choke off foreign investment. That's crazy. This is kind of the flip side of creative structuring, which is you can always come up with a mitigation agreement. But if people are willing to be a little flexible, there's almost always a mitigation solution.

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