Committee on Foreign Investment in the United States (CFIUS)

We have represented both buyers and sellers before CFIUS, successfully guiding them through the review process and achieving clearance for transactions as efficiently as possible.

Our team includes seasoned practitioners and former high-ranking national security and foreign policy officials—all of whom have been deeply involved in the CFIUS process—from the departments of Commerce, State and Justice, as well as the U.S. Trade Representative and National Security Council.

We also collaborate with our policy advisors, who understand the political aspects of CFIUS reviews and have strong experience in associated industries and regulatory areas including government contracts, export controls and sanctions, telecommunications, energy, cybersecurity and investment funds.

Combining the resources of a full-service global law firm and a multidisciplinary approach to advising and representing clients at all stages of a transaction governed by CFIUS, our team effectively:

• Identifies and assesses the CFIUS implications of transactions, investments and fund structures.
• Develops strategies for mitigating CFIUS risks.
• Advises clients through the CFIUS review process to obtain CFIUS clearance or “safe harbor.”
• Negotiates mitigation agreements and advises on the implementation and administration of such agreements.
• Addresses political risk that may arise from a deal.
• Represents clients that receive CFIUS inquiries or requests for review regarding “non-notified” transactions.
• Advises on the policy implications of CFIUS legislation, regulatory developments and enforcement activities.

Services In-Depth

Multidisciplinary CFIUS Representation

Our team works with CFIUS, the U.S. Congress, executive branch officials and other prospective stakeholders, advising companies engaged in transactions with potential controversies due to geography, industry, supply chain, customers or other issues.

We are adept at conducting focused due diligence to identify the areas where CFIUS concerns could arise in a transaction and developing strategies for addressing CFIUS risks that are tailored to the specifics of the transaction.

We assist clients across industries, including technology, aerospace and defense, energy and natural resources, infrastructure and data-driven businesses. We anticipate typical CFIUS concerns and deploy the right mix of experience across practices to anticipate and overcome these challenges.

International Trade

We have represented hundreds of clients in highly sensitive matters before the CFIUS and has a deep knowledge of the committee and its member agencies. Our tremendously deep bench sets Akin apart among the small handful of firms qualified to address high-stakes CFIUS issues.

In addition to our CFIUS work, we regularly advise clients on other national security reviews of inbound and outbound investments and conduct due diligence reviews of investments and transactions. These reviews assess the risk of export control and sanctions issues, address related concerns and prepare risk factor assessments and disclosures.

Lobbying & Public Policy

Our government relations professionals strategize with our CFIUS practitioners in politically sensitive transactions by engaging with CFIUS members, high-ranking agency officials, congressional committees and individual legislators with interests in potential transactions.

Infrastructure & Transportation

Because critical infrastructure is a heightened risk area, we have integrated CFIUS practitioners into our infrastructure & transportation team, particularly on matters involving foreign investment in the U.S.

Government Contracts

We represent government contractors involved in transactions with foreign entities, advising on CFIUS process and compliance with Federal Transit Administration (FTA) requirements under grants to transit agencies. Our government contracts lawyers also provide guidance on compliance with Foreign Ownership, Control or Influence (FOCI) regulations administered by the Defense Security Service of the U.S. Department of Defense, particularly in the context of transactions involving government contractors where CFIUS issues are also in play.

Project Construction

Known internationally for their sophisticated work in oil & gas and renewable energy projects, our energy lawyers support CFIUS practitioners in matters related to project construction, development and operations matters.

Telecom, Media & Technology (TMT)

We represent some of the world’s most active investors in TMT companies, advising on investment limitations, foreign ownership restrictions, investment structuring to comply with FCC rules, and state and federal approvals, including CFIUS and Team Telecom. We also provide critical services when a TMT investment is in distress. We have significant experience engineering the strategic and creative financial restructuring of distressed TMT companies, working closely with our corporate and financial restructuring colleagues to provide regulatory and industry counsel for large, complex bankruptcy proceedings.

Cybersecurity, Privacy & Data Protection

Cybersecurity matters permeate all aspects of modern commerce—and they often critically affect CFIUS risk. We help companies in critical infrastructure industries stay aware of data and cybersecurity developments with federal government regulators.