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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, August 21, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will describe recent federal and state efforts to regulate foreign ownership of U.S. real estate, including the final rule expanding CFIUS' jurisdiction and increased enactment of state legislation resulting in additional administrative obligations and costly penalties for violations. Panelists will discuss key considerations and challenges for counsel advising parties involved in foreign real estate transactions in the U.S.

Faculty

Christian C. Davis
Partner
Akin Gump Strauss Hauer & Feld LLP

Mr. Davis’ practice focuses on U.S. law and policy affecting international trade and business. He advises clients on foreign investment, export controls, sanctions, anticorruption, and customs laws. Mr. Davis’ practice focuses on representing clients in the merger, acquisition and divestiture process before the CFIUS and on accounting for associated risks. He also advises clients in negotiating and implementing CFIUS mitigation agreements, developing and administering international trade compliance programs .and conducting internal investigations. 

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Katherine P. Padgett
Counsel
Akin Gump Strauss Hauer & Feld LLP

Ms. Padgett’s practice focuses on a variety of international trade matters, including CFIUS reviews, export controls, economic sanctions, national security and litigation strategy in international investment and arbitration. Prior to joining the firm, Ms. Padgett successfully served for nine years in the Office of the Legal Adviser (L) at the U.S. Department of State, including as the department’s lead CFIUS lawyer and principal lawyer on international investment matters. Additionally, she represented the State Department in interagency policy-making processes and worked closely with senior officials at the NSC, USTR, the departments of Justice, Defense, Treasury, Commerce and Homeland Security, and other federal agencies. Ms. Padgett was instrumental in advising State Department principals on CFIUS national security reviews of transactions, mitigation agreements, litigation strategy and congressional inquiries. She advised policy clients, including officials in the State Department’s Bureau of Political-Military Affairs, on compliance issues under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), including in connection with foreign military sales and export licenses for direct commercial sales.

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Description

The Department of the Treasury recently implemented a final rule expanding the authority of CFIUS to review real estate transactions involving foreign persons near certain military installations and other sensitive U.S. government facilities. The final rule, which impacts transactions entered into on or after Dec. 9, 2024, is part of a growing trend of federal and state legislation increasing regulatory scrutiny over foreign real estate investments in the U.S.

State legislators who want to limit U.S. real estate investments from "countries of concern" such as China, continue to propose and enact legislation that will increase scrutiny on real estate transactions involving foreign entities even if outside CFIUS' jurisdiction. States are imposing additional administrative obligations including registration, reporting, and affidavit requirements as well as costly civil and criminal penalties for violations.

Increased legislation will complicate transactions for companies and funds that operate in multiple states and could result in inadvertent violations. Given this increased scrutiny and potential for penalties, counsel to parties considering U.S. real estate transactions involving foreign entities should evaluate CFIUS' interest in the transaction and whether state regulations apply.

Listen as our expert panel discusses the implications that CFIUS' expanded authority and increased state legislation will have on foreign real estate transactions in the U.S. Our panel will also describe best practices for helping clients navigate the expanding maze of regulations and maintain compliance.

Outline

I. History behind the expanding regulation of foreign ownership of U.S. real estate

II. CFIUS' final rule expanding authority

III. Other proposed federal legislation

IV. State legislation

A. Scope of legislation being proposed/enacted

B. Discussion of noteworthy legislation

C. Impact including potential costly penalties

V. Key considerations and best practices for compliance

Benefits

The panel will review these and other key issues:

  • How has CFIUS' expanded jurisdiction impacted foreign real estate transactions in the U.S.?
  • What other federal and state regulations should be considered even if foreign real estate transactions are not subject to CFIUS' jurisdiction?
  • What steps should counsel and companies take to comply with increased regulations and address potential issues when considering foreign real estate transactions in the U.S.?