Increasingly, it takes a seasoned national security perspective to understand whether a particular transaction or the nature of the non-US buyer in a cross-border deal implicates a hard to spot national security concern that could trigger review from the Committee on Foreign Investment in the United States (“CFIUS”).

Brown Rudnick’s CFIUS practice is comprised of experienced national security professionals with diverse backgrounds in cross-border M&A, government investigations, and deep experience navigating CFIUS reviews. Our team has represented buyers and sellers in numerous national security-related M&A transactions before the Committee for more than a decade.

We have advised clients from Russia, China, and the Middle East on sensitive national security transactions in the defense, energy and high-tech sectors. One of our attorneys also provided input to the last reform of the CFIUS process and authored a guide for Chinese companies on navigating the CFIUS process. Our attorneys frequently speak on the topic of national security transactions and CFIUS and have been quoted in the Wall Street Journal, CNBC and other business publications.

Our team of national security and government investigation lawyers works closely with our corporate, government contracts, real estate, and bankruptcy practices to address regulatory concerns as they emerge throughout the life of a deal.  This begins with an educated assessment of relevant risks prior to the parties agreeing to proceed to a transaction, and includes navigating the Committee’s review process to preempt issues and share real-time solutions that smooth the path to a review or even avoid the need to undergo the CFIUS process.  These elements of our practice include compliance with other regulatory schemes such as ITAR, export controls (EAR), economic sanctions, OFAC, anti-money laundering, and the cybersecurity aspects of the transaction.

Representative Experience (Includes work performed by our lawyers at other firms)

Secured regulatory approvals including CFIUS for transaction involving weapons manufacturer.

Represented AsiaPac purchaser in acquiring interest in joint venture involved in cybersecurity.

Counseled and represented a global information and communications technology (ICT) solutions provider before CFIUS in connection with proposed U.S. investment activities.

U.S. aviation maintenance and repair company – representation before CFIUS, State Department and Defense Security Service in connection with acquisition by AsiaPac purchaser.

Secured CFIUS clearance for several foreign buyers acquiring US electrical grid infrastructure.

Secured CFIUS clearance by European aerospace company in a $1 billion acquisition of commercial and military aircraft business.

Represented AsiaPac company in securing CFIUS clearance to acquire oil and gas pipeline infrastructure business.

Assisted Canadian purchaser in CFIUS clearance to acquire gas pipeline business.

Secured CFIUS clearance for a state-owned Chinese chemical corporation that acquired a large-multinational chemical company in a multi-billion dollar transaction.

Represented a global fire prevention and security provider in CFIUS and DSS reviews of its merger with a global building technology company.

Successful representation of a large private equity firm in obtaining CFIUS approval for its sale of a hotel to a Chinese acquirer.

Obtained CFIUS approval for a Chinese acquirer to purchase of a U.S. life insurance and annuity provider.

Successful representation of a U.S.-based Tier-1 automotive supplier in a CFIUS review of its multi-billion dollar sale to a German competitor.

Obtained CFIUS approval for a state-owned Chinese acquirer in its acquisition of a majority stake of a U.S. enterprise IT company’s server business.