CFIUS & Foreign Investment

We have experience in advising and representing clients in connection with inbound foreign investment transactions that may be subject to review by the Committee on Foreign Investment in the United States (“CFIUS”).

We provide advice with respect to the following matters relating to foreign investment and CFIUS:

Assessment of CFIUS jurisdiction in the context of foreign investment in U.S. businesses and real estate
Advice regarding whether a CFIUS filing is required or recommended
Preparation and submission of CFIUS filings, and related advocacy
Negotiation of mitigation conditions and assistance with implementation
Complex issues relating to critical technologies
Advice regarding fund formation and early-stage investments
Advice regarding U.S. outbound investment rules

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Related Services

Represented a German multinational company in its acquisition of a U.S. advanced materials company, including preparation and submission of a CFIUS filing, responding to questions from CFIUS, and export control-related due diligence.
Represented large German company (with a large Chinese shareholder) in the transport sector in CFIUS review of its acquisition of a U.S. company with advanced driving technology.
Advised an Indian pharmaceutical company in connection with its acquisition of certain assets of a U.S. company and the CFIUS joint notice for approval of the acquisition.
Advised a U.S. seller of a U.S. company that manufactured specialized components used in robotics, military vehicles, radar systems, aerospace, and medical scanners to an Austrian buyer in connection with a successful CFIUS notice.
Advised an Asian real estate company in connection with its proposed sale of U.S. real estate which was involved in classified defense activities and the amendments to the CFIUS mitigation agreement applicable to the property.
Advised a U.S. seller of a U.S. airports services company on the sale of the business to a Japanese company and the successful joint notice filed with CFIUS.
Advised a U.S. seller of U.S. electric generating facilities on the sale of the facilities to a Japanese energy company and the successful joint notice to CFIUS.
Advised a U.S. seller of a U.S. natural gas export project on its sale to a Canadian energy company and the joint notice filed with CFIUS.
Advised a U.S. semiconductor developer / government contractor with respect to export control and CFIUS issues identified in the course of its sale to a European investor, including review of a CFIUS mitigation agreement.
Advised a multinational investment consortium on CFIUS issues relating to its investment in mining operations.
Advised a Ukrainian investor on CFIUS issues related to its investment in a U.S. private equity fund.