The global flow of capital has 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 with senior officials at the Department of the Treasury, as well as with the White House and Congress, over the course of our decades-long, high-profile experience. And our ongoing and active practice in export controls, sanctions, and homeland security matters and our team members’ prior government service in some of those agencies have given us an extensive range of contacts at the CFIUS member agencies, including the Departments of Defense, State, Commerce, Justice, and Homeland Security, and the intelligence agencies.
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 emerge to impact a transaction. Whether you need advice on the prudence and necessity of a CFIUS filing in connection with a planned transaction, counsel to guide you through the CFIUS review process, or legislative and public policy advice for the sensitive matter 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.