Firms To Watch: CFIUS

DLA Piper LLP (US) recently restructured its international trade group into a national security and global trade practice. Demonstrating its commitment to the CFIUS area, it immediately made several hires, including of counsel Vanessa Le—a former Special Advisor to the Director of National Intelligence.
Continuing to make inroads into the national security space, Holland & Knight LLP’s team—led by Antonia Tzinova—added a string of new clients during 2023. The wider firm’s focus on the energy, financial services and infrastructure spheres is reflected in its CFIUS roster.
Following significant investment, Morgan, Lewis & Bockius LLP offers a team with considerable CFIUS expertise. Names to note include national security head Giovanna Cinelli and David Plotinsky, who is the former acting chief of the US Department of Justice’s Foreign Investment Review Section.
Winston & Strawn LLP continues to build up its specialist CFIUS practice under Tyler McGaughey, a former Deputy Assistant Secretary for Investment Security at the Department of the Treasury. During 2022/23, it added a raft of clients in the financial services, critical minerals and life sciences fields.

CFIUS in United States

Kirkland & Ellis LLP

Kirkland & Ellis LLP’s dominant offerings in private equity and large-scale M&A positions it as a first port of call for many corporate clients seeking cross-border investment clearance. With a ‘unique ability to communicate effectively with financial professionals’, the team’s experience spans the full scope of issues before the Committee on Foreign Investment in the United States (CFIUS)—from regulatory counselling and the preparation of filings, through to the negotiation of mitigation agreements. Department co-head Ivan Schlager is widely recognized as a foremost authority on CFIUS matters and his broad industry expertise encompasses the defense, TMT, energy, and private equity spheres. Schlager recently advised Blackstone Infrastructure Partners (BIP) on CFIUS matters connected to the acquisition by IRG Acquisition Holdings (a joint venture between Invenergy Renewables, Caisse de dépôt et placement du Québec, and funds managed by BIP) of a renewables portfolio from American Electric Power. Fellow group co-head Mario Mancuso is also highly regarded for his comprehensive national security practice, which takes in CFIUS, economic sanctions, export controls, and other international risk issues. Mancuso recently teamed up with Lucille Hague, ‘a technical expert on the CFIUS rules’, to lead the CFIUS process for Brookfield Infrastructure’s 49% investment in expanding Intel’s semiconductor operations in Arizona. The Washington DC-based group also draws on government, regulatory and internal investigations partners Daniel Gerkin and Michelle Weinbaum.

Practice head(s):

Mario Mancuso; Ivan Schlager


Other key lawyers:

Lucille Hague; Daniel Gerkin; Michelle Weinbaum


Testimonials

‘The practice is unique because of the breadth and depth of Ivan Schlager’s team’s domain expertise on CFIUS and other national security-related matters. We value its ability to quickly prepare the appropriate submissions to government regulatory bodies.’

‘In addition to the trust and confidence Ivan Schlager and his team has with the staff at the various agencies, they also have an ability to connect with and provide advice related to political appointees who are the ultimate decision makers.’

‘Ivan Schlager’s team is commercial and understands transaction dynamics, giving it a unique ability to communicate effectively with financial professionals on regulatory matters. It is also incredibly creative in developing mitigation plans and solutions.’

‘We appreciate its presence both in Washington DC and Europe, where we are based, and its strong views on what is, and what is not, acceptable from US Department of Defense’s point of view.’

‘Ivan Schlager has an incredible amount of experience and a very strong regular dialogue with US authorities. Provides very good insights and measured and constructive advice.’

‘Lucille Hague is amazing. She a technical expert on the CFIUS rules, she is thoughtful and responsive, and she works extremely hard. I’m a CFIUS lawyer too, and I very much value her judgment.’

Key clients

Blackstone Infrastructure Partners


Brookfield Corporation


Cerberus Capital Management


Investindustrial Industries


JP Morgan


Kohlberg Kravis Roberts & Co.


Leonardo DRS


Lone Star Funds


NewSpring Capital


NortonLifeLock


Oaktree Capital Group


Patient Square Capital


Permira


Royal Caribbean


Thales SA


Thoma Bravo


Toshiba


Triton Partners


Voyager Digital


Latham & Watkins LLP

Housing a formidable CFIUS practice, Latham & Watkins LLP secured key roles on a host of high-profile reviews over the past year. The group’s success is due in no small part to its strong combination of standalone national security expertise together with its ability to service clients from top-tier offerings across the firm, including M&A, energy, life sciences and TMT. Widely acknowledged to rank among the market leaders for CFIUS matters, Damara Chambers co-heads the CFIUS and US national security department; she recently represented Consolidated Edison in obtaining clearance for the sale of its interest in its wholly owned subsidiary, Con Edison Clean Energy Businesses and its subsidiaries, to RWE Renewables Americas. Les P. Carnegie co-leads the Washington-based CFIUS and US national security practice and represents a broad range of companies, financial institutions and private equity funds on security reviews. Rounding out the senior partners is global chair of the connectivity industry group, James Barker, who has extensive experience in CFIUS and Team Telecom matters. The practice additionally draws on a strong second line of non-partners, including new counsel Catherine Hein, who joined in May 2023 from the USDT; counsel Ruchi Gill, who formerly served as Deputy Chief Counsel for the US Senate Committee on Foreign Relations; and Zachary Eddington, who was promoted to counsel in early 2024.

Practice head(s):

Les Carnegie; Damara Chambers; James Barker


Other key lawyers:

Catherine Hein; Ruchi Gill; Zachary Eddington


Key clients

Consolidated Edison


LG Chem


Opiant Pharmaceuticals


Hyundai Motor Company (South Korea)


Viasat


DB Schenker


Work highlights


  • Represented Consolidated Edison in obtaining clearance from CFIUS for the sale of its interest in its wholly owned subsidiary, Con Edison Clean Energy Businesses and its subsidiaries, to RWE Renewables Americas LLC.
  • Represented LG Chem in securing CFIUS clearance for its acquisition of AVEO Oncology.
  • Represented Opiant Pharmaceuticals in receiving clearance from CFIUS for its acquisition by Indivior.

Simpson Thacher & Bartlett LLP

A destination practice for acquisitional private equity clients, Simpson Thacher & Bartlett LLP represents some of the world’s largest asset managers in CFIUS matters such as Blackstone, KKR and Carlyle. The group, which scores highly for its ‘understanding of not only CFIUS but FDI regimes around the world’, also acts for multinational corporations, investors and sovereign wealth funds on high-stakes reviews. Its breadth of industry expertise is equally comprehensive and spans some of the market’s most sensitive business segments, including technology, energy, infrastructure, defense and aerospace. Highlighted as ‘one of the CFIUS bar’s senior leaders’, Malcolm Tuesley heads the national security regulatory practice; he recently obtained CFIUS approval for Australia-headquartered IFM Investors in connection with its $11bn take-private, together with DigitalBridge Group, of US data center company, Switch. Promoted to partner in early 2023, Mark Skerry is already noted for his ‘dynamic understanding of the subject matter’. Among his recent highlights, Skerry led the national security advice to a consortium of investors—led by Blackstone and including sovereign wealth funds, Abu Dhabi Investment Authority and GIC—in the $14bn acquisition of a majority stake in the Climate Technologies business of Emerson Electric. The Washington DC-based team also includes talented associate Jennifer Ho.

Practice head(s):

Malcolm Tuesley


Other key lawyers:

Mark Skerry; Jennifer Ho


Testimonials

‘The STB team is truly exceptional and the best in the market. Its understanding of not only CFIUS but FDI regimes around the world, and the political context, means it is unparalleled in providing astute advice.’

‘The team’s sharing of knowledge and desire to understand insights from around the globe means it is a repository of what is market practice. In addition lawyers look for, and find, innovative solutions and paths through regulatory approvals processes.’

‘Malcolm Tuesley is extremely strong. A long-time veteran of the space, there is nothing Malcolm hasn’t seen. I rely on his experience as one of the CFIUS bar’s senior leaders.’

‘Mark Skerry is a leading individual globally. We deal with numerous global law firms. Mark’s desire to work collaboratively to develop innovative regulatory strategies is second to none. He is also a complete delight who understands and appreciates the confines and technicalities of jurisdictional FDI issues.’

‘Very high professional skills, very pragmatic approach to the CFIUS regulation, very good understanding of the regulator’s approach and expectations and strong ability to navigate the proceeding to deliver a result. Tier-one service.’

‘STB’s practice is very strong. CFIUS is very much a small universe where it’s important “who you know” and the law is more art than science. STB is extremely well connected and works for many major clients, which is huge because it provides more insight into a very black-box process than most firms.’

‘Mark Skerry is a star. Recently promoted to partner, but provides services of a veteran of decades of practice. I rely on Mark to, in some senses, operate as my right hand and almost another in-house counsel with me. He manages local counsel where appropriate, and escalates to me where necessary.’

‘The practice has a team of subject matter experts, like Mark Skerry, who possess a dynamic understanding of the subject matter and significant practical experience. Mark Skerry is accessible, easy to work with and is highly experienced.’

Key clients

Blackstone


Goldman Sachs Group


KKR & Co.


EQT AB


The Carlyle Group


Microsoft Corp


Cisco Systems


T-Mobile


CBRE Group


L3Harris Technologies


Tallgrass Energy Partners


SK Group


IFM Investors


Silver Lake Partners


Hellman & Friedman


Neuberger Berman Group


Macquarie Infrastructure and Real Assets (Macquarie Group)


Primavera Capital Group


Stonepeak Infrastructure Partners


Stone Point Capital


Corsair Capital


Baring Private Equity Asia


New Mountain Capital


Global Infrastructure Partners


Oakley Capital


Antin Infrastructure Partners


BC Partners


Melrose Industries


Work highlights


  • Represented IFM Investors in securing CFIUS approval for the $11bn take-private, together with DigitalBridge Group, of Switch.
  • Advised a consortium of investors, led by Blackstone and including Abu Dhabi Investment Authority and GIC, in its acquisition of a majority stake in the Climate Technologies business of Emerson Electric.
  • Advised TD Bank Group on its $1.3bn acquisition of Cowen.

Skadden, Arps, Slate, Meagher & Flom LLP

The CFIUS practice at Skadden, Arps, Slate, Meagher & Flom LLP is part of an integrated CFIUS and corporate offering that addresses regulatory concerns from the initial stages of transaction planning. With experience in representing corporate, private equity and sovereign wealth fund clients on reviews before CFIUS, the Defense Counterintelligence and Security Agency (DCSA) and Team Telecom, the group is equipped to advise on all key transactional compliance issues. It additionally assists clients with non-US national security reviews involving foreign direct investments, including—but not limited to—regimes in Canada, the EU and Japan. Michael Leiter heads the CFIUS and national security practices and stands out for his unique in-house and government-side experience: he was formerly President of Leidos Defense and also served in several senior national security positions, including as Director of the National Counterterrorism Center. Brian Egan, a former senior lawyer at both the National Security Council and the Department of State, is also highly regarded for CFIUS work. Other key contacts include counsels Brooks Allen, who is lead coordinator of the international trade department, and Tatiana Sullivan. Named attorneys are based in Washington DC.

Practice head(s):

Michael Leiter


Other key lawyers:

Brian Egan; Brooks Allen; Tatiana Sullivan; Katie Clarke


White & Case LLP

The  ‘very experienced and commercially savvy team’ at White & Case LLP sits as part of the overarching national security department, which specializes in CFIUS, FDI reviews, Foreign Ownership, Control, or Influence (FOCI) mitigation, and Team Telecom matters. Distinguished by its ability to lean into the wider firm’s extensive international network, the group brings its enviable cross-border firepower to bear in high-stakes, cross-border transaction reviews. The Washington DC-based practice is led by Farhad Jalinous, who ‘knows the US FDI regime inside out’. A go-to specialist for complex multi-jurisdictional matters, Jalinous is advising French aerospace and defense company, Safran, in CFIUS and security clearance matters connected to its anticipated $1.8bn acquisition of Raytheon Technologies’ flight controls and actuation business lines. Other CFIUS specialists include Karalyn Mildorf, whose experience cuts across a wide range of industries and investor countries; Keith Schomig, who routinely advises on national security reviews before CFIUS and on FOCI mitigation matters before the US Departments of Defense and Energy; David Jividen, who is sought after for his government background, which includes a stint as Deputy Director for the Department of Defense’s Foreign Investment Review office; and counsel Ryan Brady, who is an ‘exceptionally bright young professional’.

Practice head(s):

Farhad Jalinous


Other key lawyers:

Karalyn Mildorf; Keith Schomig; Ryan Brady; David Jividen; Michael Crowley; Jason Burgoyne


Testimonials

‘Farhad Jalinous is a superstar. He knows the US FDI regime inside out and has a huge network. He also is very well versed in other jurisdictions’ FDI regimes and has great knowledge of geopolitics. Farhard has taken the W&C global FDI practice to the next level and can rely on a strong network of specialists.’

‘The team has members with prior work experience at CFIUS agencies, which brings a unique practical view to complement the legal analysis.’

‘Extensive subject experience, risk assessment capability, proactivity and simple communication. Stand-out members include Farhad Jalinous, Keith Schomig and Michael Crowley.’

‘We are extremely happy with the legal support the team provides to us in regard to CFIUS matters. I would say that the most important part is how THE WHOLE TEAM is knowledgeable, fast to react and help. This practice knows what really matters to their clients from a practical perspective.’

‘I’m pleased at how efficient and swift our communication is with Farhad Jalinous, as well as the attitude towards the matters he handles – without any overcomplicating or exaggerating tendencies (which may be often the case in the regulatory field of expertise).’

‘Counsel Ryan Brady is an exceptionally bright young professional, very knowledgeable and understands well the needs of the client. Jason Burgoyne also proved to be a valuable counsel: client-oriented and able to articulate complicated legal concepts and translate them into client-friendly language.’

‘A very experienced and commercially savvy team. Farhad Jalinous has extensive experience and knowledge. He handles matters professionally and efficiently.’

Key clients

Cobepa


Eurazeo


Hexatronic


IFS AB


NTT Data


Siemens


SoftBank


Soitec


Quad-C


Work highlights


  • Advised Flexjet on CFIUS considerations relating to its $3.1bn business combination agreement with Horizon Acquisition Corporation II.
  • Advised Safran on CFIUS, FDI, and clearance matters in connection with its anticipated $1.8bn acquisition of Raytheon Technologies flight controls and actuation business lines.
  • Advised Exxon on the CFIUS aspects of the sale of its 48.2% stake in Aera Energy to IKAV SICAV-FIS SCA.

WilmerHale

Providing ‘good commercial guidance on CFIUS processes and likely sensitivities’, WilmerHale’s formidable government-side experience ensures adept handling of complex filings, including mitigation negotiations. Alongside an existing strength in mid-market M&A, its premier CFIUS expertise makes the group a regular fixture on reviews for large-scale, cross-border transactions—across all key industries. Highly regarded department chair Benjamin Powell is a former associate counsel to the president and GC to the Office of the Director of National Intelligence. Among Powell’s recent cases, he represented chemical company Univar Solutions during the successful CFIUS review of its $8.1bn acquisition by Apollo Global Management and Abu Dhabi Investment Authority. A former senior counsel to the Deputy Attorney General, Jason Chipman also contributes extensive government-side experience and specializes in regulatory matters connected to cybersecurity, CFIUS and related export controls. In a highlight example of his practice sweet spot, Chipman is acting as CFIUS counsel to Intel regarding a $9bn transaction involving semiconductor memory technology. Other key contacts in the Washington DC-based team include Stephen Preston, who chairs the defense, national security and government contracts practice; and the ‘very strategicRobert Kimmitt, who previously served as Deputy Secretary of the US Department of the Treasury.

Practice head(s):

Benjamin Powell


Other key lawyers:

Jason Chipman; Stephen Preston; Robert Kimmitt


Testimonials

‘Wilmer has a very strong CFIUS practice – creative and insightful with deep experience in handling CFIUS matters across some of the most important M&A.’

‘The depth of the practice means that its lawyers provide practical advice on how to navigate specific potential purchasers, including the range of outcomes that these buyers have accepted in prior deals. This market knowledge is invaluable.’

‘Benjamin Powell and Jason Chipman are fantastic – creative, responsive, thoughtful and deeply experienced. They are a pleasure to work with.’

‘I think the team is very strategic and has skilled professionals, who are very experienced and provide strong counsel. Ambassador Robert Kimmitt, in particular, is very strategic and has great relationships and experience.’

‘A strong, experienced team which gives good commercial guidance on CFIUS processes and likely sensitivities. Jason Chipman is very experienced, gives clear guidance and analysis and is very responsive and hands-on.’

Key clients

Univar Solutions


Zendesk


Intel Corporation


Kansas City Southern Railway Company


Davis Polk & Wardwell LLP

A corporate and M&A powerhouse, Davis Polk & Wardwell LLP’s involvement in major cross-border transactions provides a steady stream of sophisticated CFIUS-related work. Demonstrating strong recent involvement in reviews concerning heavily regulated industries—including the technology, agribusiness, telecoms, semiconductor, financial services and transport spheres—the team is active on behalf of both domestic and international clients. Washington DC-based Paul Marquardt fronts the wider national security practice, where he represents corporate, sovereign and state-owned entities on a range of CFIUS, sanctions, and export control matters. Among his recent CFIUS reviews, Marquardt successfully steered T Parker Host through the sale of marine port terminal operations in Florida and Maryland to Pangaea Logistics Solutions. Former department chair John Reynolds, also in Washington DC, stepped down to senior counsel in 2023 but remains a significant asset to the practice due to his deep experience in complex national security matters, including CFIUS reviews. Counsel Joseph Kniaz recently left to become Deputy Director at the Office of Investment Security (CFIUS).

Practice head(s):

Paul Marquardt


Other key lawyers:

John Reynolds


Key clients

ABB


ACEA Therapeutics


Amdocs


ARM


AVIC


Bain/Nordam


Black Spade Acquisition


Blueteam/BlueVoyant


Bridgepoint Advisers Ltd.


Brookfield/Johnson Controls


China National Offshore Oil Corp. (CNOOC)


Commerzbank


Crestview


Duddell Street Acquisition Corp.


Dufry


Emera


Emerson Electric


Grail


Japan Investment Corp


Japan Industrial ParICBC


IDG Capital


Incline Aviation Fund


ISquared


Kiadis/CytoSen


Kyocera


Livent


Lydall, Inc.


Natus Medical


Ocado


OriGene Technologies Inc.


Pattern Energy


Provident Acquisition Corp.


Public Investment Fund (PIF)


Qorvo


Raven Industries


Reliance Industries


Relo Group, Inc.


Roche


Roivant


Schwab


Skysong Innovations


Solvay


SUEZ


Sumitomo Forestry Co., Ltd./Soraa, Inc.


Symphony Technology Group


Syngenta AG


Taboola


TE Connectivity


Technip


Temenos


TP Host


Traton


Truist


Twitter


Hogan Lovells US LLP

The CFIUS group at Hogan Lovells US LLP combines ‘technical skill and experience with business and commercial awareness’. The team is routinely involved in sensitive transactions involving critical business areas, where it utilizes the wider firm’s strength in heavily regulated industries to particularly excel in CFIUS reviews concerning the TMT, nuclear, life sciences, and aerospace and defense spheres. Key specialists in the Washington DC-based practice include Anne Salladin, a former long-serving senior counsel at the USDT, where she was involved in developing laws and regulations related to CFIUS. Salladin recently represented NuScale and Fluor Enterprises, NuScale’s majority shareholder, before CFIUS regarding the sale of a portion of Fluor’s equity interest in NuScale to a Japanese state-owned financial institution. As a former intelligence officer at the Defense Intelligence Agency, Brian Curran also leverages significant government-side national security experience; he acted alongside colleagues in Shanghai to advise China-based Northern Light Venture Capital on CFIUS matters relating to a potential investment in a US company. Senior associate Zachary Alvarez provides capable support.

Other key lawyers:

Anne Salladin; Brian Curran; Zachary Alvarez; Patrick Miller


Testimonials

‘Very strong technical skills, while its depth of team and experience are second to none.’

‘The team manages to take a complicated area and give clear advice, combining technical skill and experience with business and commercial awareness.’

‘The team, composed of Brian Curran and Zachary Alvarez, focuses on CFIUS and is distinguished by its comprehensive approach to addressing the regulatory challenges faced by companies engaging in cross-border investments.’

‘The team leverages Hogan Lovells’ global network to provide localized expertise in critical markets, ensuring that advice is compliant with US regulations and is also mindful of local legal and business contexts. It provides tailored advice that aligns with our business objectives and risk-tolerance levels.’

‘Brian Curran and Zachary Alvarez excel in devising proactive strategies to mitigate potential risks, enabling clients to navigate the complexities of CFIUS reviews confidently. Their broad experience with transactions across a variety of industries equips them to handle complex cases.’

‘Brian Curran does a fantastic job in connecting our clients with the right service providers within the firm. His ability to quickly grasp the core issues at hand in a fast-moving transaction makes it possible for us to get Brian and his colleagues quickly involved in deals where they need to move quickly.’

Key clients

Northern Light Venture Capital


NuScale Power, LLC


Amogy Inc.


SES SA


Hyundai Engineering Company


Work highlights


  • Provided China-based Northern Light Venture Capital with CFIUS mandatory filing analysis for a contemplated investment in a US target that develops therapeutic healthcare remedies.
  • Advised tech start-up Amogy on CFIUS matters related to its $150m Series B financing, with South Korea’s SK Innovation serving as the Series B lead; Temasek and Aramco Ventures also participated in the financing.
  • Advised Hyundai Engineering Company on the CFIUS implications of its investment in Ultra Safe Nuclear Corporation (USNC).

Morrison Foerster

Morrison Foersteroperates well as an integrated FDI/CFIUS team globally’; as is evidenced by recent national security mandates linking up the Washington DC-based practice with colleagues in China and Europe. Drawing on a deep pool of CFIUS-specialist attorneys and national security advisors, the group specializes in advising on technology-related matters, in line with the wider firm’s signature strength. The group also had strong showings in the defense, financial services and energy areas over the past year. Brandon Van Grack chairs the national security group and is recommended for his robust practical experience, earned during his former position as Chief of Foreign Agents Registration Act (FARA) Unit, as well as other government roles. Charles Capito divides his time between the national security and the government contracts practices and is recognized for his experience in the technology, defense, financial services and healthcare sectors, among others. Newly promoted partner James Brower is additionally noted for his ‘in-depth knowledge and experience with CFIUS’.


Practice head(s):

Brandon Van Grack


Other key lawyers:

Charles Capito; James Brower


Testimonials

‘A strong team that works seamlessly with foreign colleagues in other offices. Very culturally savvy/polite professionals and great/responsive communications. All of these factors are important for our company that often participates in cross-border deals.’

‘Charles Capito and James Brower provided not only excellent subject matter expertise but also communicated clearly and with patience with my colleagues for which English is their non-primary language.’

‘Extensive experience from within government. Lawyers stand out for their sound judgment and quality advice.’

‘James Brower has in-depth knowledge and experience with CFIUS.’

‘The MoFo team operates well as an integrated FDI/CFIUS team globally and provides strong judgment analysis on very short timelines.’

‘Charles Capito is an excellent CFIUS partner, who I rely on for his keen judgment, strong handle on the legal issues, and responsiveness on very challenging deadlines.’

Key clients

SoftBank Group Corp.


Mapbox, Inc.


Work highlights


  • Advising SoftBank, and its affiliates, on CFIUS matters in connection with acquisitions and investments across a wide range of industry sectors.

Cleary Gottlieb Steen & Hamilton

Noted for its ‘deep experience dealing with CFIUS’, Cleary Gottlieb Steen & Hamilton’s CFIUS offering sits within the broader global foreign direct investment practice. With experience across the full spread of related national security issues, the group guides clients through an array of filings and regulatory compliance matters, through to second-state investigations and the negotiation of mitigation agreements with CFIUS, the DCSA and the Directorate of Defense Trade Controls (DDTC). Up-and-coming partner Chase Kaniecki specializes in advising on international trade and national security issues, including CFIUS reviews; he is representing Best Assistant Education Online, a subsidiary of China’s NetDragon Websoft Holdings, on CFIUS matters connected to its planned merger with Gravitas Education Holdings. The Washington DC-based group also includes associates Samuel Chang and William Dawley. Associate Pete Young has left the firm.

Practice head(s):

Chase Kaniecki


Other key lawyers:

Samuel Chang; William Dawley


Testimonials

‘Very responsive, knowledgeable and pragmatic.’

‘The CFIUS team has deep experience dealing with CFIUS under different types of transactions.’

‘Chase Kaniecki is very professional and has good relationships with individuals within the CFIUS agencies. William Dawley is also very professional.’

Key clients

Open Text Corporation


American Tower Corporation


Langan Engineering


Vale


Latour Capital


ENGIE


Hanwha


Solvay


Best Assistance Education Online


Advent


Cooley LLP

Cooley LLP’s CFIUS practice is praised for its ‘deep experience practicing before CFIUS, including in difficult circumstances that call for mitigation’. Indeed, the group’s enforcement activity continues to grow and it was involved in a string of mitigation negotiations over the past year. Primarily recognized for its dominant offering in technology-related transactions, the team is also handling a growing share of reviews in connected industries, including aerospace, financial services and biotech. Christopher Kimball co-chairs the Washington-based practice and is sought after for his specialist expertise in security reviews concerning the technology and financial services spheres. Kevin King co-heads the export controls and sanctions practice as well as the CFIUS group, and brings to bear broad national security experience. Other key contacts include special counsel Dillon Martinson, who is a former senior policy advisor at the USDT; and associate Sarah Oliai, who is a ‘phenomenal support’.

Practice head(s):

Christopher Kimball; Kevin King


Other key lawyers:

Dillon Martinson; Bridget Reineking; Rebecca Ross; Karen Tsai; Sarah Oliai


Testimonials

‘Cooley’s CFIUS practice is top notch. Headed by Christopher Kimball, the team can bring to bear the requisite export controls expertise (Kevin King et al.) needed to help clients navigate the CFIUS regulations.’

‘It has deep experience practicing before CFIUS, including in difficult circumstances that call for mitigation negotiations with the USG. Especially strong in technology company matters.’

‘Sarah Oliai and Karen Tsai are outstanding lawyers and experts in their field. They have always achieved excellent results for us, and our shareholders. They are extremely strategic, sophisticated and business-oriented and have always taken the time to fully understand our business goals, objectives and strategy.’

‘The team is practically oriented, helping clients understand CFIUS (a very difficult area of law) and how to avoid problems relating to CFIUS.’

‘Christopher Kimball does a great job leading the CFIUS team at Cooley. The team understands the CFIUS rules well as well as the underlying policy dynamics. The team also has a practical approach to addressing CFIUS issues, which is often crucial for venture financings.’

‘Cooley has a good balance of legal/doctrinal strength, political insights, and efficient and actionable advice. It is often the best fit for tech firms seeking to navigate relatively unfamiliar DC regulatory matters – and few areas are more DC regulatory than CFIUS.’

‘Christopher Kimball is tremendously knowledgeable, and is able to combine experience and relationships to provide useful intel and give practical advice. He doesn’t try to fit a small tech start-up into the same recommendations he’d make to a large defense contractor – he meets clients where they are.’

‘Dillon Martinson served on the committee previously which gives him incredible insight. He’s always available, takes the time to explain things, listens really well, has just been great throughout the process. Sarah Oliai was a phenomenal support and always took the time to make things move.’

Goodwin

Goodwin’s Washington DC-based group is praised by clients ‘adept at managing the overlap of CFIUS and export control considerations’. The firm’s premier offerings in the technology and life sciences spheres marks it as a key player in CFIUS reviews concerning those increasingly sensitive industries. The firm’s experience also spans financial services, telecoms and infrastructure, among other areas. Global trade co-chair Richard Matheny, who is ‘not afraid to challenge the government when needed’, maintains a broad national security practice, which spans CFIUS, export controls, economic sanctions, and FCPA-related matters. Elevated to department co-chair in early 2023, Jacob Osborn is noted for his focus on regulatory compliance concerning deals in the electronics, telecoms, software and encryption segments.

Practice head(s):

Richard Matheny; Jacob Osborn


Other key lawyers:

Jacob Osborn; Justin Pierce


Testimonials

‘Goodwin has a very capable CFIUS practice that is adept at managing the overlap of CFIUS and export control considerations.’

‘Goodwin’s team (both partners and associates) are all adept and very collegial. Special recognition to Amy Josselyn and Jacob Osborn who are both practical, solution-oriented, and a joy to work with.’

‘Experienced and capable team, particularly on the intersection of CFIUS and export controls. Richard Matheny is excellent – practical, business-oriented and not afraid to challenge the government when needed.’

‘A highly collaborative and attentive team composed of experts in the field able to offer practical advice based on extensive experience. Lawyers are attentive and detail-oriented. Richard Matheny is exceptional.’

‘Richard Matheny has done a great job building an excellent CFIUS team at Goodwin.’

‘The Goodwin team (Richard Matheny, Justin Pierce, Axel Urie) has great experience with CFIUS processes and how to answer to the requests/questions of the CFIUS administration. They also analyse and clarify our proposed answers before transferring them to the CFIUS administration.’ 

‘A strong team, led by an industry expert. The group stays ahead of changes in law and provides well-thought-out interpretations and advice. Richard Matheny heads the group and is extremely knowledgeable and commercial.’

‘Amy Josselyn is very helpful and easy to work with.’

Paul Hastings LLP

Paul Hastings LLP’s prominent financial services offering is to the fore of its CFIUS offering, with CDH Fund and SJL Partners among its representative clients. The group’s industry expertise extends beyond funds to encompasses the energy, technology, defense and infrastructure sectors. The team is additionally distinguished by its robust record in achieving CFIUS approval for increasingly sensitive China-related transactions. Washington DC office chair, Scott Flicker, spearheads the global trade controls practice and leverages extensive experience in clearing cross-border transactions on behalf of both US and international companies. The Washington DC-based group also draws on talented of counsel, Randall Johnston, who has notched up roles in a string of complex CFIUS reviews, including handling national security agreements involving Chinese-owned acquirers. Among her recent matters, Johnston successfully guided South Korean entities, SJL Partners and SD Biosensor, through the CFIUS process connected to their joint acquisition of Meridian Bioscience.

Practice head(s):

Scott Flicker; Randall Johnson


Other key lawyers:

Ryan Poitras


Testimonials

‘The Paul Hastings CFIUS practice is top notch. I have done several CFIUS filings with Randall Johnston and Scott Flicker and they are a pleasure to work with. They are substantive experts and understand how to best present a case to CFIUS. They are responsive, reasonable, creative thinkers, and professional.’

‘The team provides practical and thoughtful advice, particularly Randall Johnston.’

Key clients

CDH Fund


COSCO Shipping


Dynapower Company LLC


Forcepoint LLC


Fujian Grand Chip


Hon Hai Technology Group (“Foxconn”)


Korea Southern Power Corporation Ltd. (KOSPO) and Korea Overseas Infrastructure & Urban Development Corporation (KIND)


MoneyGram International


SD Biosensor


SJL Partners LLC


Smithfield Foods


Pillsbury Winthrop Shaw Pittman LLP

The ‘well unified and collaborative’ team at Pillsbury Winthrop Shaw Pittman LLP is noted for its ability to leverage each lawyer’s unique skill sets to ‘demonstrate “big picture” understanding, as well as specialized advice within categories of issues’. Among those specialist categories of expertise, the group stands out for its ability to plug into the wider firm’s comprehensive China practice, which is a useful resource in complex China-related reviews. In terms of its industry strong suits, its extensive experience in the energy—particularly nuclear—as well as the technology and government contract spheres are significant drivers of work. Nancy Fischer heads the overall regulatory practice, which includes the international trade unit, and has an emphasis on foreign investment reviews under CFIUS and foreign ownership mitigation for DCSA-cleared facilities. Other key contacts in the Washington DC-based practice include international trade head Stephan Becker; next-generation partner Matthew Rabinowitz; and senior associate Zachary Rozen.

Practice head(s):

Stephan Becker; Nancy Fischer


Other key lawyers:

Matthew Rabinowitz; Zachary Rozen; Christopher Wall; Aaron Hutman


Testimonials

‘Pillsbury’s team combines the expertise of various related areas. Lawyers are always up to date, pragmatic and act extremely fast.’

‘Nancy Fisher is the lawyer you want to work with when it comes to complicated matters. Extremely reliable, pragmatic and fast.’

‘The team provides great insights tuned for clients in the technology space.’

‘We value the team for its understanding of how the government processes work, but also for its understanding of how companies from my region/country operate, and all in all, what is the bigger picture expectation the company wants to achieve by expanding organically to the US.’

‘Nancy Fischer is available on short notice and enables smooth and agile ways of advancing the process. With deep understanding of the Committee’s regulatory process and expectations, she demonstrates an ability to translate those needs pragmatically to strike a balance delivering a reply.’

‘Pillsbury provides a well-unified and collaborative team that leverages each lawyer’s knowledge base to demonstrate “big picture” understanding, as well as specialized advice within categories of issues.’

‘The primary lawyers I’ve dealt with are Nancy Fischer and Matthew Rabinowitz. They are remarkable; the quality of their advice stands high above their peers in numerous ways; they provide timely, responsive, and detailed guidance on complex CFIUS considerations, all in an easily digestible format.’

‘Nancy Fisher led the CFIUS/foreign investment approval team for us. The entire process is done jointly with opposing counsel and in coordination with foreign counsel – she was able to manage the process highly efficiently, with more insight into important inflection points and the timetable than opposing counsel.’

Key clients

Celesta Capital (formerly Walden International)


Chevron Technology Ventures


Macquarie


Bluefors Oy


SK Inc.


Ultisat (formerly Speedcast)


Wartsila Corporation


Next Fifteen Communications Group


Work highlights


  • Successfully represented Qeexo in connection with its acquisition by Japan-based TDK Corporation.
  • Successfully represented Bluefors Oy before CFIUS regarding its acquisition of Cryomech.
  • Successfully represented SK before CFIUS concerning an investment and technology sharing arrangement with TerraPower, a nuclear reactor design and development enginering company.

Steptoe LLP

Forming a key part of its wider, full-service international trade offering, Steptoe LLP’s CFIUS practice handles a steady stream of national security reviews, from traditional CFIUS filings, through to Team Telecom and FOCI-related issues. Among its key attributes, the Washington DC-based group is noted for its strong government-side experience, with three former government officials on its bench, as well as for its experience in handling matters involving the technology, manufacturing and financial services industries. A seasoned of counsel, Stewart Baker has held many government roles, including serving as Assistant Secretary for Policy at the Department of Homeland Security; he is particularly sought after for technology-related work. The team also includes Brian Fleming, whose practice focuses on matters at the intersection of national security and international trade; Alan Cohn, who also served in senior policy positions at the DHS; Meredith Rathbone, who fronts the overarching international trade and regulatory compliance group; and strong associate Evan Abrams.

Practice head(s):

Meredith Rathbone


Other key lawyers:

Stewart Baker; Brian Fleming; Alan Cohn; Evan Abrams


Akin

Akin houses an active CFIUS practice, which is underpinned by the wider firm’s strengths in the government relations, energy, defense and infrastructure areas. The Washington-DC based group is led by Christian Davis, whose broad international trade focus spans CFIUS, customs laws, and export controls and economic sanctions. Sources also highlight senior counsel Laura Black for her background at the USDT, where she served as Director of Policy and International Relations for CFIUS. Counsel Katherine Padgett also brings to bear significant government-side experience gained during a former stint as an attorney for CFIUS at the State Department.


Practice head(s):

Christian Davis


Other key lawyers:

Katherine Padgett; Laura Black; Kevin Wolf


Testimonials

‘The team at Akin is very competent and has excellent expertise in both CFIUS and export controls, which is unusual in one firm. Laura Black, with her background at Treasury, has extensive knowledge of CFIUS and over time in private practice should be one of the key practitioners in the CFIUS area.’

‘Laura Black has excellent CFIUS expertise (particularly on the CFIUS regulations) and an ability to frame issues clearly.’

Key clients

U.S. Remote Sensing Satellite Company


Private Equity Firm/Renewable Energy Company


Japanese Transportation Company


Canadian Private Equity Fund


Global Autonomous Vehicle Technology Company


U.S. Aerospace Firm


U.S. Investment Company


Asian Sovereign Wealth Fund


Japanese Investment Fund


U.S. Remote Sensing Satellite Company


Work highlights


  • Advised a private equity firm, and its portfolio company, regarding the sale of a controlling minority stake in its $1.2bn solar and battery storage project.
  • Advised a Japan-based client on an investment involving a blue ammonia production facility.
  • Advised a US autonomous vehicle technology company on the CFIUS implications of an overseas joint-venture transaction with a Middle Eastern government-backed entity.

Baker McKenzie

Lawyers in Baker McKenzie’s Washington DC-based CFUIS practice are praised by clients as ‘extraordinarily knowledgeable, experienced and responsive’. The team handles a steady stream of multi-jurisdictional national security filings, with its ability to partner up with international FDI specialists from across the global firm standing as a key asset for multinational clients. A former Special Assistant to the President on National Security Affairs, Rod Hunter has a strong record in coordinating foreign investment review assessments and filings across multiple jurisdictions. Sylwia Lis, who co-heads the team together with Hunter, advises on a wide scope of international trade matters, with a focus on CFIUS and export controls and economic sanctions.

Other key lawyers:

Rod Hunter; Sylwia Lis; Callie Lefevre


Testimonials

‘Rod Hunter is able to provide multi-dimensional advice covering regulatory policy objectives, the regulatory trends, detailed black letter law advice and pragmatic, commercial ways through.’

‘Rod Hunter works well with co-counsel and opposing counsel and you get the benefit of his network and extensive experience in law firms, industry and government. He has low ego and is responsive and personable. He is reasonable on fees.’

‘The Baker McKenzie CFIUS team has been a superb partner. Lawyers truly partner with their clients. They are extraordinarily knowledgeable, experienced and responsive. Best in the business!’

Freshfields Bruckhaus Deringer LLP

Freshfields Bruckhaus Deringer LLP's team is under the leadership of high-profile national security heavyweight Aimen Mir, whose exhaustive list of government-side roles includes a stint as Deputy Assistant Secretary for Investment Security at the USDT. Under the leadership of Washington DC-based Mir, the CFIUS practice continues to gain traction in the market, where it is acting for major corporate and sovereign clients in the financial services, technology and energy spheres, among other sensitive industries. Special counsel Christine Laciak, also in Washington DC, fronts the global foreign investment review team; she advises on foreign investment review regimes worldwide, with a focus on CFIUS matters.

Practice head(s):

Aimen Mir; Christine Laciak


Other key lawyers:

Colin Costello


Key clients

Infineon Technologies


Coupa Software


Quantinuum


One Equity Partners


Volkswagen


Wind River Software / TPG


Siemens


RWE


McAfee Corp.


Honeywell


ABB


Zymergen


Work highlights


  • Advised Honeywell International on a number of transactions, including in connection with the formation of the quantum computing joint venture, Quantinuum.

King & Spalding

King & Spalding LLP’s CFIUS practice sits within its overarching international trade offering, providing clients with a holistic view of trade and national security issues. Experienced across the full chain of CFIUS matters, the Washington DC-based group is equipped to advise on compliance and risk minimization, mandatory and voluntary filings, and mitigation and divestment agreements. An increasingly prominent specialist in CFIUS matters, Alexis Early specializes in compliance and enforcement proceedings before all key state agencies. The group also benefits from the formidable government-side CFIUS expertise of Philip Ludvigson, who is a former Director for Monitoring and Enforcement at the USDT. National security head Christine Savage is also noted for CFIUS work.

Practice head(s):

Christine Savage


Other key lawyers:

Alexis Early; Philip Ludvigson


Testimonials

‘The K&S CFIUS practice was very helpful in providing overall context for the process, as this was the first time I had worked through this. It assisted not only in how to structure the transaction to best mitigate the CFIUS timeline, but also helped every step along the way as we received follow-up questions.’

‘Alexis Early and Philip Ludvigson have done a great job building a CFIUS team.’

Key clients

T&D Holdings


Axium Infrastructure


InstarAGF Asset Management


Work highlights


  • Acting as CFIUS counsel to Japan-based T&D Holdings on various transactions.

O'Melveny & Myers LLP

Leveraging a long-standing reputation in the national security space, O'Melveny & Myers LLP’s group draws on decades of experience in guiding transactions through CFIUS, DCSA and other federal and state agency approval processes. Greta Nightingale chairs the Washington DC-based department and advises on a comprehensive range of national security-related issues, including CFIUS and export controls and economic sanctions matters. A veteran in international trade and national security law, of counsel Theodore Kassinger is a former GC of the USDC and a key resource in navigating complex matters. Newly promoted partner David Ribner also handles a significant volume of CFIUS matters, with an emphasis on the technology and energy sectors.

Practice head(s):

Greta Nightingale


Other key lawyers:

Theodore Kassinger; David Ribner


Key clients

Samsung Display Co. Ltd.


Siebert Financial Corp.


TSI Semiconductors Corporation


Work highlights


  • Advised Samsung Display on regulatory approvals, including CFIUS clearance, concerning its acquisition of eMagin Corporation.
  • Advised TSI Semiconductors Corporation on regulatory approvals, including CFIUS clearance, connected to its acquisition by Bosch.

Reed Smith LLP

According to one client, Reed Smith LLP’s CFIUS practice ‘knows what the government is looking for in compliance documentation’. The team is well versed in representing a broad scope of foreign and domestic acquirers and sellers on security review processes, including mitigation measures, with a focus on transactions involving retail, financial services, technology and life sciences. Department head Michael Lowell splits his time between Washington DC and Virginia and is ‘extremely capable, insightful, intelligent and collaborative’; he handles a mix of economic sanctions, export controls and CFIUS work. Senior associate Paula Salamoun is also recommended in Washington DC. Manasi Venkatesh recently left the firm for an in-house position.

Practice head(s):

Michael Lowell


Other key lawyers:

Paula Salamoun; Lizbeth Rodriguez-Johnson


Testimonials

‘RS has an excellent understanding of all areas of trade compliance, applying regulations, best practices and how the government regulators interpret the regulations. It knows what the government is looking for in compliance documentation and what can be done to improve compliance programs.’

‘Lizbeth Rodriguez-Johnson is very thorough and quick to respond.’

‘Michael Lowell has been working with me for nearly 20 years and has the most knowledge of trade compliance of all the law firms I have worked with. The team is energetic, knowledgeable, involved with trade groups and well-respected.’