CFIUS risk assessments and structuring

DLA Piper is one of the few large law firms with a cross-functional and deeply experienced CFIUS team. Our CFIUS lawyers bring to bear their extensive experience in national security across numerous industry sectors and agencies of the US government to help businesses identify, understand and address regulatory concerns in the earliest stages of transaction planning. Grounded in a strong technical understanding of current law and procedure, our team can identify applicable export controls, assess the applicability of the complex CFIUS regulations and mandatory filing provisions, and help navigate the potential policy and political factors presented by the proposed transaction.

Navigating CFIUS review

We represent clients before CFIUS on a regular basis, including preparing and submitting filings, briefing CFIUS and its member agencies, and negotiating national security agreements. Our experience advocating for clients before the US government and CFIUS provides valuable insight into the US government’s approach, expectations, and concerns in what is otherwise a non-public process. DLA Piper attorneys have negotiated complex agreements with CFIUS, DCSA, and Team Telecom, including complex industrial security (FOCI) arrangements, letters of assurance, national security agreements, divestiture trusts and other bespoke mitigation instruments, and post-closing mitigation compliance frameworks.

Public policy and government affairs implications

Our effectiveness goes well beyond our technical and legal capability, encompassing sophisticated political and media strategies to help ensure that even the most sensitive and challenging cases are viewed in a favorable light by Congress and the Administration. DLA Piper’s unique integration of its CFIUS and government affairs teams allows for harmonized legal, political and media strategies to drive support for or mitigate opposition to potential transactions or partnerships. Because we understand the public policy arena, we know what it takes achieve strategic outcomes.

International FDI reviews

DLA Piper is one of the few firms to offer a global team deeply experienced with foreign direct investment (FDI) national security review processes. Robust and often mandatory FDI national security reviews are becoming more prevalent, implicating both direct inbound investments and investments in multinational companies. We have lawyers in nearly every jurisdiction with an FDI review process who regularly advise clients on identifying the applicable regulatory requirements, understanding the associated costs and risks, and navigating the government process. We offer a holistic perspective on FDI regimes and how they vary in each country and provide local insight into the national security concerns and influences on the review and approval process.