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    4. CFIUS (Committee on Foreign Investment in the U.S.)

      Practices

    CFIUS (Committee on Foreign Investment in the U.S.)

    Our interdisciplinary team assists domestic and global companies on all aspects of the U.S. national security review process before the CFIUS.

    /Overview

    CFIUS, an inter-agency committee of the U.S. government, reviews and investigates the impact of foreign investments in U.S. companies, projects, or assets. The committee has broad authority to impose measures on the transacting party, as a condition to granting approval, in order to mitigate any potential national security risk. Transactions not properly structured to address U.S. national security considerations may be blocked or unwound.

    In addition to our strong technical understanding of the current law and procedure, we have proven practical experience in navigating the complex CFIUS process. We successfully obtained clearance in numerous matters across a wide range of industries and jurisdictions, including transactions involving government-owned or -controlled acquirers.

    Our interdisciplinary team understands key issues in CFIUS filings involving controlled products or technology, including export controls, sanctions, and national industrial security procedures. We also engage with other U.S. government agencies on national security matters on behalf of our clients, including the Departments of Treasury, State, Defense, Commerce, Homeland Security, and Energy.

    /Representative Experience

    • Merck KGaA: Acquisition of Intermolecular, a publicly traded, NASDAQ-listed company based in Silicon Valley
    • Calgary-based manufacturer: Advised company producing lithium cells and packs for use in the oil and gas drilling sector on acquisition of a U.S.-based battery pack manufacturer
    • Spanish infrastructure firm: Guided the company in its acquisition of a U.S. construction and maintenance work provider on transmission and infrastructure assets
    • Scandinavian private equity fund: Represented the client in acquisition of a controlling interest in a U.S. technology company that develops mobile video collaboration solutions subject to the ITAR
    • European luxury car manufacturer: Facilitated the acquisition of a U.S. manufacturer of custom robotics, specialty tooling, and remote visual inspection systems
    • Malaysian agricultural company: Assisted operation, affiliated with the Malaysian government, in acquisition of a U.S. oleochemical company and related private railway

    Our Team

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    • David F. Crosby

      Counsel
      • Boston
      • Office:+1 617.345.1264
      • dcrosby@nixonpeabody.com
      David F. Crosby
    • Alexandra Lopez-Casero

      Partner
      • Boston
      • Office:+1 617.345.1123
      • alopezcasero@nixonpeabody.com
      Alexandra Lopez-Casero
    • Brian T. Kelly

      Partner
      • Boston
      • Office:+1 617.345.1065
      • bkelly@nixonpeabody.com
      Brian T. Kelly
    • David K. Cheng

      Partner / Chair and Managing Partner of China/Asia Pacific Practice
      • Hong Kong
      • Office:+852.9307.3900
        Mobile:Hong Kong/ +852 9307.3900 China/ +86 156.2607.6649 US/ +1 650.387.3948 Singapore/ +65 8669.9309
      • dcheng@nixonpeabody.com
      David K. Cheng
    • Joseph B. Maher

      Partner
      • Washington DC
      • Office:+1 202.585.8331
      • jmaher@nixonpeabody.com
      Joseph B. Maher
    • John Sandweg

      Partner
      • Washington DC
      • Office:+1 202.585.8189
      • jsandweg@nixonpeabody.com
      John Sandweg
    See Full Team

    Insights And Happenings

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    • Alert

      CFIUS proposes revising its procedures and penalties

      April 23, 2024
    • Press Release

      Former senior DHS official strengthens Nixon Peabody’s National Security and Resilience practice

      April 4, 2024
    • Alert

      A closer look at the proposed restrictions on outbound US investments

      Aug 25, 2023
    View All

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