Transaction review by CFIUS is like no other US regulatory regime or practice, presenting complex legal, political and communications challenges across various US government agencies complicated by federal, state and local political pressures. CFIUS has both significantly increased its scrutiny of covered transactions and expanded its focus into nontraditional national security concerns: emerging technology, sensitive data, critical infrastructure, critical supply chains and economic security industries. The increased prevalence and scrutiny from CFIUS have placed higher burdens on companies to conduct robust CFIUS due diligence as part of their ordinary M&A activities – not just to identify mandatory filing obligations, but also to identify potential national security interests that CFIUS could have in a transaction, which will inform a decision whether to file voluntarily.
Our team offers unsurpassed experience in reviews before CFIUS on thousands of transactions. Our team’s government background and experience provide clients with unique insight on government reviews of transactions, ranging from small to some of the largest transactions ever reviewed by CFIUS. We represent foreign and domestic companies in corporate reorganizations, acquisitions and joint ventures that implicate US national security, or that otherwise involve sensitive technologies or classified activities. Our lawyers have advised on numerous CFIUS mitigation agreements – which can be a significant tool in clearing foreign acquisitions.
Our CFIUS team stands apart in the legal market for its ability to offer a comprehensive legal, policy and communications solution, combining market-leading CFIUS experience with unique best-in-class policy capabilities from partners who have held senior government positions from both political parties working in national security policy areas in the White House, the Office of the US Trade Representative and the Departments of Defense, State, Commerce, Energy, Treasury, Transportation and Homeland Security. We offer clients a comprehensive integrated solution to addressing complex CFIUS matters.