The passage of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) and the evolving global flow of capital have made the Exon-Florio Amendment—which allows for U.S. government review of foreign investments in U.S. businesses to assess the national security implications of the investments—an increasingly significant factor in public and private merger, acquisition, and alternative investment transactions. We have represented parties before CFIUS since the committee’s inception and have been involved in some of the most important CFIUS matters of all time, such as Dubai Ports World’s acquisition of P&O. We have worked intensively with the CFIUS staff and senior officials at the Department of the Treasury, the White House, and Congress over the course of our decades-long practice in the field. Our ongoing and active practice in export controls, sanctions, and homeland security matters has given us an extensive range of contacts at the CFIUS member agencies, including the Defense, State, Commerce, Justice, and Homeland Security departments, and an understanding of each of their equities.
Our experience makes us highly knowledgeable about the types of mitigation measures currently being negotiated in CFIUS reviews, national security factors that drive CFIUS reviews and decisions, and the policy and political developments that can impact a transaction. Whether you need advice on the prudence of a CFIUS filing for a planned transaction, an analysis of the applicability of mandatory declaration filing requirements, counsel to guide you through the CFIUS inquiries on non-notified transactions, or legislative and public policy advice for matters that could become the subject of opposition in a political environment increasingly viewed as difficult for foreign investment, we have the team and depth of experience required to help you achieve your company’s desired outcome.