Regulatory authorities—spurred on by polarized foreign policies and opposing geopolitical interests—are increasingly intervening in global commerce, including in national security-related scrutiny of foreign investment, presenting new challenges for enterprises dependent on access to key resources from different countries.
- Assisted investors in the U.K. national security and merger control investigations of the $3.4 billion acquisition of a British satellite telecom company by a U.K. and U.S. private equity consortium.
- Advising a sovereign wealth fund and a global financial institution on the incoming NSI Bill and all aspects of the legislative and political process.
- Advising a global private equity house on the acquisition of a market-leading technology company focusing on defense and military governmental solutions on the existing and incoming U.K. National Security regime.
- Advised investors in the U.K. national security and EU merger control investigations of a U.K.-headquartered technology company’s £4 billion acquisition by an American private equity firm.
- Assisted a global financial institution on its investment in a non-European energy utility.
Our global team is well versed in foreign investment review laws and practices in many markets including the European Union and its member states such as Germany, the Netherlands, France and Italy, as well as China, Australia, New Zealand, Canada and Saudi Arabia.
This cross-disciplinary group of more than 25 lawyers collaborates on all investment review-related components of cross-border transactions. Specifically, we:
- Identify national security, investment review and related political risks in strategic and financial transactions.
- Assist with and conduct pre-transaction due diligence, including informal engagement with relevant government agencies.
- Help structure investments to mitigate national security concerns.
- Prepare investment review notices and submissions.
- Advocate before investment review authorities.
- Negotiate remedies, conditions and mitigation agreements.
The group has deep sector-specific knowledge of critical national security concerns across multiple jurisdictions, including those related to:
- Aerospace and defense.
- Communications, including satellite, cable, fiber, mobile and other forms of telecommunications.
- Technology, including emerging and foundational technologies, data-rich entities, semiconductor, artificial intelligence and quantum computing.
- Media and digital platforms.
- Infrastructure and utilities.
- Health care and life sciences.