The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses, identifying and addressing U.S. national security concerns.
Multidisciplinary CFIUS Representation
Our team works with CFIUS, the U.S. Congress, executive branch officials and other prospective stakeholders, advising companies engaged in transactions with potential controversies due to geography, industry, supply chain, customers or other issues. We are adept at conducting focused due diligence to identify the areas where CFIUS concerns could arise in a transaction and developing strategies for addressing CFIUS risks that are tailored to the specifics of the transaction.
Certain industries—including technology, aerospace and defense, energy and natural resources, infrastructure and data-driven businesses—face particular challenges related to CFIUS. We anticipate typical CFIUS concerns and deploy the right mix of experience across practices to anticipate and overcome these challenges.
International trade. Without experienced legal guidance, even routine business transactions can run afoul of U.S. export control, sanctions and anticorruption laws. In the current political climate, companies confronted with enforcement actions also face the possibility of damage to their relations with government officials, stockholders and the general public. These international trade issues are intertwined with CFIUS matters and are handled in tandem by CFIUS and international trade practitioners.
Public law and policy. Our government relations professionals strategize with our CFIUS practitioners in politically sensitive transactions by engaging with CFIUS members, high-ranking agency officials, congressional committees and individual legislators with interests in potential transactions.
Infrastructure and transportation. Because critical infrastructure is a heightened risk area, we have integrated CFIUS practitioners into our infrastructure and transportation team, particularly on matters involving foreign investment in the U.S.
Government contracts. Our government contracts lawyers provide guidance on compliance with Foreign Ownership, Control or Influence (FOCI) regulations administered by the Defense Security Service of the U.S. Department of Defense, particularly in the context of transactions involving government contractors where CFIUS issues are also in play.
Project construction. Known internationally for their sophisticated work in oil and gas and renewable energy projects, our energy lawyers support CFIUS practitioners in matters related to project construction, development and operations matters.
Telecommunications, media and technology (TMT). We provide advice regarding the increasing consolidation, competition and regulation in TMT spaces. Our team has deep experience with Team Telecom issues involving restrictions on non-U.S. ownership of Federal Communications Commission (FCC) licenses and that also arise in parallel to CFIUS issues.
Cybersecurity. Cybersecurity matters permeate all aspects of modern commerce—and they often critically affect CFIUS risk. We help companies in critical infrastructure industries stay aware of data and cybersecurity developments with federal government regulators.