Free One-Hour Briefing on Ralls Corporation v. Committee on Foreign Investment in the United States: Is This Landmark Ruling the Dawn of Due Process for CFIUS?

September 18, 2014, 1:00 p.m. – 2:00 p.m. (E.D.T.)

In 2012, President Obama vetoed the acquisition of windfarms in Oregon by Ralls Corporation, an American company owned and controlled by two senior officials of the Sany Group, a Chinese corporation, based on their proximity to a sensitive military installation. Ralls subsequently challenged the action and the District Court dismissed the complaint. On July 15, 2014, the US Court of Appeals for the District of Columbia Circuit issued a landmark decision in Ralls Corporation v. Committee on Foreign Investment in the United States No. 1:12cv-01513) (July 15, 2014), reversing the District Court’s decision. The Circuit Court held that constitutional due process had been denied because Ralls was not given notice of the factual basis for the veto or given an opportunity to rebut the evidence.

This one-hour briefing will be hosted by Christopher R. Brewster and Anne W. Salladin, Special Counsel at Stroock & Stroock & Lavan LLP’s Washington-based National Security/CFIUS/Compliance practice. These panelists regularly represent foreign companies before CFIUS. Mr. Brewster has advised clients on CFIUS filings since passage of the Exon-Florio Amendment in 1988, including some of the largest matters considered by the Committee; Ms. Salladin is a nearly twenty year veteran of the US Department of the Treasury, the chair of CFIUS, where she provided legal advice to CFIUS and participated in the review and investigation of over 500 CFIUS cases.

The panelists will discuss the following:

  • A review of the decision
  • If upheld, implications of the decision for foreign investment in the USA
  • If upheld, implications for CFIUS procedures and
  • If upheld, implications for course and structure of deals that may affect national security

Register now and don’t miss this important free briefing!

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