CFIUS Law Firm | Skadden, Arps, Slate, Meagher & Flom LLP

Skadden is one of the few large law firms with integrated CFIUS and corporate practices. We counsel clients — companies, private equity funds, venture capital firms, and sovereign wealth and other government-related funds — on structuring and negotiating transactions to anticipate and address regulatory concerns in the earliest stages of transaction planning. The group has been repeatedly recognized by Chambers USA and Chambers Global for both International Trade: CFIUS Experts and Corporate M&A, with the guide highlighting the firm’s “work with a diverse collection of U.S. and international companies, aided by its phenomenal strength in M&A.”

Our attorneys have successfully represented clients in some of the largest and most complex transactions reviewed before the Committee on Foreign Investment in the United States (CFIUS), the Defense Security and Counterintelligence Agency (DCSA, formerly the Defense Security Service) and Team Telecom — an executive branch group comprising the U.S. Departments of Justice, Defense and Homeland Security — as well as investment reviews governed by the Investment Canada Act (ICA) and foreign investment control (FIC) regimes in Asian and European jurisdictions. The group has deep CFIUS experience in numerous industry sectors, including technology, energy, real estate, financial services, health care and pharma, manufacturing, natural resources, transportation, critical infrastructure, consumer goods, robotics and autonomous systems, vehicle manufacturing, travel and leisure, chemicals, aerospace and defense, and government services.

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 represents clients in the negotiation of and ongoing compliance with U.S. government agencies and foreign governments, including in regards to CFIUS matters; national and network security agreements; agreements to mitigate foreign ownership, control or influence; letters of assurance; cooperative research and development agreements; and other private agreements. We also assist clients in navigating relevant U.S. export control reviews of technology exports.

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 — where necessary — FOCI issues with the Defense Security and Counterintelligence Agency (DCSA). 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.

Attorneys in our practice have formerly held senior national security positions within the federal 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 in the CFIUS process. We have long-standing relationships with representatives from across all constituent CFIUS departments and agencies, as well as other relevant elements of the executive and legislative branches.

Beyond our CFIUS capabilities, Skadden has extensive experience with non-U.S. national security review processes involving foreign direct investments, including in Canada, the European Union, the U.K., France, Germany, Russia, Australia and Japan. We have counseled entities based in the U.S. as well as overseas — including purchasers, sellers, minority investors, financial institutions, private equity consortia and other institutional investors — in some of the largest and most complex international transactions. See our non-U.S. foreign direct investment reviews practice for a full description of our capabilities in this area.

Proactively Addressing CFIUS Issues

Ongoing Compliance

Defense Department Mitigation of Foreign Ownership, Control and Influence (FOCI)

U.S. Government Experience

Non-U.S. Foreign Direct Investment Reviews

Publications

Events

News