CFIUS

Based on our broad and inveterate experience, the firm is able to help clients understand CFIUS issues at the earliest stages of a transaction or even during strategic corporate development planning. Our experience across business sectors helps clients address potential national security concerns well before any engagement with CFIUS occurs.

The firm vigorously represents clients in front of CFIUS in all stages of reviews, from submission of declarations and notices, to responding to inquiries from CFIUS in the context of a filing or in the “non-notified” process, to the negotiation of and ongoing compliance with CFIUS national security agreements. We seamlessly address other national security regulatory issues, from export controls and economic sanctions to government contracting considerations, that arise in the course of CFIUS matters.

Attorneys in our practice have formerly held senior national security positions within the U.S. government, within the CFIUS process and as members of the U.S. intelligence community. This deep experience provides unparalleled appreciation for the U.S. government’s national security concerns and how parties might address them with CFIUS. We have long-standing relationships with representatives across all constituent CFIUS departments and agencies, as well as other relevant elements of the executive and legislative branches.

Skadden regularly represents foreign clients who are considering working with the U.S. government. We collaborate with the firm’s corporate attorneys to establish U.S. entities and also address FOCI issues with the DCSA where necessary. We counsel clients on the various forms of FOCI mitigation that best fit their business and regulatory needs, and engage across the U.S. government to enable these efforts and maintain ongoing compliance. Our attorneys have served on FOCI boards, overseen mitigation agreements, and worked throughout the defense, intelligence and law enforcement communities.

We represent clients before Team Telecom — an executive branch group comprising the U.S. Departments of Justice, Defense and Homeland Security — with respect to the national security and law enforcement review of Federal Communications Commission (FCC) license applications where there is foreign ownership or control. We have successfully pursued parallel CFIUS and Team Telecom approvals for foreign investments in numerous cases.

Beyond our CFIUS capabilities, we represent clients in every significant non-U.S. FDI national security and national interest review process, from Canada and the U.K.; to France, Germany, Italy, Spain and numerous other European Union jurisdictions; to Russia, Australia, Japan, Korea, China, India and other Asia Pacific jurisdictions. We provide a seamless and coordinated approach to CFIUS and FDI filings and advocacy, helping our clients identify and seek resolution of issues early to avoid delay and uncertainty in transactions. See our non-U.S. foreign direct investment reviews practice for a full description of our capabilities in this area.