A seasoned team of lawyers with unmatched insight and a deep understanding of the US government's potential national security concerns.


We are widely known for our preparation and understanding of the CFIUS process from all angles—not just filings submitted to the government, but the wider political, business, public relations, trade, international, technology and national security issues that can be raised by a proposed transaction. We have extensive experience advising clients on investment and foreign ownership restrictions and reviews in a range of countries around the world and, in particular, in providing representation in the clearance of proposed business combinations potentially affecting national security.

The Team

Our team includes Robert Kimmitt, who led the CFIUS Committee as Deputy Secretary of the Treasury and implemented extensive legislative changes to the CFIUS process; Ambassador Charlene Barshefsky, who served as US Trade Representative; Ben Powell, who served as General Counsel to the first three Directors of National Intelligence; Stephen Preston, who served as General Counsel of the Department of Defense, and before that, General Counsel of the Central Intelligence Agency; Jamie Gorelick, who served as Deputy Attorney General of the United States and General Counsel of the Department of Defense; and Jason Chipman, who served as Counsel for National Security Law and Policy at the Department of Justice and was an advisor to the Deputy Attorney General on a variety of national security topics, including CFIUS. Reflecting our unmatched understanding of security issues, and Alejandro Mayorkas, the former Deputy Secretary of the Department of Homeland Security, recently joined WilmerHale.

Experience

We are often asked to handle complex and sensitive CFIUS matters, and have significant experience representing both US businesses and foreign acquirers. This includes transactions that have required planning and coordination of media outreach at the international, federal, state and local levels; employee outreach; congressional and executive branch outreach; third-party expert outreach; and supplier and customer outreach.

Our clients include merger partners, foreign purchasers, sellers and entities acquired, and interested third parties. The businesses involved include defense and intelligence agency contractors, developers and providers of classified and export-controlled technologies, owners and operators of US critical infrastructure and key suppliers, and companies with substantial holdings of strategic resources.

We have handled the full range of matters, from strategic acquisitions in the defense-aerospace and communications industries to financial investments by foreign sovereign wealth funds in US financial institutions. We have similarly handled or advised on sensitive investment review processes in a range of other countries, including several key EU Member States and China.

Our experience includes:

  • representing an aviation industry corporation in China in its acquisition of an aerospace equipment supplier; 
  • representing a major telecommunications equipment maker in the sale of a networking equipment manufacturer to a Chinese company;
  • representing a leading developer of aviation products in its separate acquisitions of an industrial navigation company and turbine repair company;
  • representing a petroleum and natural gas production company with respect to $2 billion in investments from the largest producer of offshore crude oil and natural gas in China and $1 billion in investments from a Chinese petroleum exploration and production corporation;
  • representing a global industrial conglomerate in the sale of an aviation engine manufacturer;
  • representing a global telecommunications equipment company in its sale for $16 billion to a multinational communications and information technology company;
  • representing the world's largest stock exchange on international investment CFIUS matters with respect to a proposed merger; and
  • representing a subsidiary of a UK technology company in its acquisition of a producer and distributor of electrical power distribution, monitoring and switching equipment.