CFIUS reviews have become increasingly frequent and rigorous in the post-9/11 environment and in the wake of several high-profile and controversial acquisitions. Even transactions that do not clearly raise national security concerns may nonetheless draw the attention of CFIUS agencies and Congress. To navigate the CFIUS process successfully, businesses must be attuned to the array of complex and sensitive legal, commercial, political and public relations issues at hand. Our lawyers have decades of experience guiding foreign investors and U.S. companies alike through CFIUS proceedings. We have provided CFIUS advice in connection with transactions across a range of sectors, including energy, satellite communication, transportation, mining, technology, software, financial services and manufacturing.
Our seasoned government relations team is particularly well equipped to manage the political aspects of CFIUS proceedings. We represent institutions involved in some of the highest profile foreign acquisitions. Working closely with members of Congress and their senior staffers – including at the Senate Banking Committee and House of Representatives Financial Services Committee – we help ease the political pressures on agency decision-makers by focusing on the merits of each transaction. A member of our team, as a senior staffer in the House of Representatives, assisted with the Foreign Investment and National Security Act of 2007 (FINSA).
We have a strong team of CFIUS practitioners with extensive experience on security matters. Our lawyers include former government officials who served on CFIUS and were deeply involved in CFIUS deliberations across many agencies and areas of government. This includes the Department of Justice, the Department of Commerce, the Office of the U.S. Trade Representative and the White House. Our CFIUS team also includes individuals who formerly served in Congress or as Congressional staffers, including for the House Financial Services Committee, which oversees CFIUS.
Over the last decade, we have provided advice to many private foreign investors and U.S. companies on CFIUS matters. Our recent work includes representing: