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TMT Talk Episode 21: Foreign Direct Investment

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The US Department of Treasury issued the final CFIUS/FIRRMA regulations on its foreign investment on 13 January 2020, effective 13 February 2020. While it is far from the only country that has re-examined its stance on foreign direct investment, this move by one of the biggest economies worldwide has made a discussion on the topic timely, if not necessary. In this episode of TMT Talk, Lothar Determann, Anahita Thoms, and Rod Hunter share their views on the policies that different countries employ to tackle the question of foreign direct investment, how these policies reflect a tech-intensive world, and what tech companies now need to consider in light of this emergent form of globalization.

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Lothar has been helping companies in Silicon Valley and around the world take products, business models, intellectual property and contracts global for nearly 20 years. He advises on data privacy law compliance, information technology commercialization, interactive entertainment, media, copyrights, open source licensing, electronic commerce, technology transactions, sourcing and international distribution at Baker McKenzie in San Francisco & Palo Alto.

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Anahita Thoms heads Baker McKenzie's International Trade Practice in Germany and is a Member of our EMEA Steering Committee for Compliance & Investigations. Anahita is Global Lead Sustainability Partner for our Industrials, Manufacturing and Transportation Industry Group and a Member of the ABA International Human Rights Steering Committee. She also served for three consecutive term as co-chair of the Export Controls and Economic Sanctions Committee of the ABA. Anahita has won various accolades for her work, including International Trade Lawyer of the Year (Germany) at the 2020 ILO Client Choice Awards, Young Global Leader of the World Economic Forum, Capital 40 under 40, International Trade Lawyer (New York) at the 2016 ILO Client Choice Awards.

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Rod Hunter, a partner based in the Washington, DC office of Baker McKenzie, practices trade and investment law. He previously served as Special Assistant to the President for National Security Affairs and senior director for international economics at the National Security Council (NSC), the White House office that coordinates trade policy and supervises CFIUS. In that role, he managed CFIUS cases, including negotiating resolution of the most sensitive cases. A recognized expert in the field, he has testified before Congress during the legislative process leading to recent amendments to CFIUS’ authorizing legislation.

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