CFIUS Capabilities

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.

How We Add Value

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).

About Our Team

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.

The members of our CFIUS practice include:

James Mendenhall, who served as General Counsel for the Office of the U.S. Trade Representative (USTR) and as the Assistant USTR for Services, Investment and Intellectual Property. In those capacities, he served as USTR’s representative on CFIUS.
Michael Borden, who is a former senior counsel to the House Financial Services Committee, the congressional committee with jurisdiction over CFIUS. Michael has counseled companies involved in potentially controversial acquisitions submitted for CFIUS review.
George Madison, who is a former General Counsel of the Treasury Department, which is the Department that chairs CFIUS.
Andrew Shoyer, co-leader of the firm’s International Trade practice, who advises companies on compliance with sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control (OFAC), export controls and anti-boycott rules administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS), as well as proceedings before CFIUS.
Jim Cole, who served as the Deputy Attorney General of the United States, the second highest official at the Department of Justice (DOJ), from 2011 until 2015. In that role, he was responsible for the day-to-day supervision and direction of all organizational units of the DOJ and worked closely with Attorney General Eric H. Holder Jr. to formulate and implement key policies and programs. Jim was also one of the key representatives of the DOJ to the National Security Council.
Howard Stanislawski, who has represented clients with the U.S. Department of Defense, Department of State, Department of Commerce, Department of Homeland Security, Department of Energy, Federal Bureau of Investigation and other agencies. Howard has significant experience in all areas of federal government contracts law and U.S. export control statutes and regulations, with a particular focus on the Arms Export Control Act and the International Traffic in Arms Regulations. Howard advises clients on CFIUS matters, security clearance involving the Defense Security Service, and mitigation of Foreign Ownership, Control and Influence.
Christopher Fonzone, who focuses on privacy and cybersecurity. He has particular experience in the management of crisis situations and advising senior clients on a variety of national security issues, including CFIUS matters, military and intelligence operations, litigation, and other forms of dispute resolution, encryption and foreign trade sanctions.
Richard Klingler, who served as the General Counsel and Legal Adviser on the National Security Council staff. He focuses his practice on national security matters and litigation in U.S. courts involving constitutional law, administrative law and cross-border disputes. He has extensive litigation and regulatory experience working on behalf of telecommunications, finance and energy clients.

Representative CFIUS Matters

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: