Fox Rothschild is one of the few law firms with integrated CFIUS and corporate practices. This is especially important as foreign entities face increasing regulatory scrutiny related to the national security implications of their investment in and acquisition of U.S. companies. Our attorneys advise U.S. and foreign clients — sellers, buyers, majority, minority and institutional investors — on the restrictions placed on these transactions and provide counsel throughout the Committee on Foreign Investment In the United States (CFIUS) review process. The integration of our corporate and CFIUS practices equips us particularly well to counsel clients on negotiating and structuring transactions to facilitate CFIUS approval. Our attorneys have a substantial record of success with such transactions that enables them to help clients anticipate and defuse potential regulatory concerns from day one.
Our multi-practice team includes attorneys with extensive experience in mergers and acquisitions, venture investing and international debt and equity financing, with the firsthand knowledge needed to provide informed, insightful advice on the underlying transactions, in addition to the regulatory process.
We guide clients through all CFIUS issues, including:
- Determining whether parties to a transaction should submit a CFIUS notice in respect to CFIUS’ evolving regulatory process and changing jurisdiction
- Structuring transactions to minimize CFIUS risk
- Preparing pre-investment or pre-acquisition due diligence
- Advising on export compliance, pre-CFIUS filing, to facilitate approval
- Completing CFIUS notice filings and negotiating with the committee and its agents
- Negotiating mitigation agreements in the event CFIUS imposes mitigation factors