Morgan Lewis lawyers have advised clients on crucial issues related to the review of cross-border investments for national security reasons since 1988, when such review by the Committee on Foreign Investment in the United States (CFIUS) became a more established process. Morgan Lewis's CFIUS team brings depth, breadth, and focus to CFIUS reviews, identifying the critical issues that can make or break these transactions.
We regularly counsel US and non-US clients on the intricacies of the foreign direct investment (FDI) review process in the United States and consistently advise on the more global impact that CFIUS reviews may have on cross-border investments. Working seamlessly across jurisdictions, we help clients evaluate and manage complex—and sometimes conflicting—national security requirements in the United States and in other countries conducting national security reviews.
Our CFIUS practice focuses on the full life-cycle of cross-border investments, from due diligence and documentation to engagement with CFIUS government agency members and preparation of CFIUS submissions. This comprehensive approach is based on the depth of our CFIUS lawyers’ backgrounds and draws on their decades of experience. We provide strategic, practical advice on the sensitive issues and business considerations that impact the decision of whether, when, and how to engage with CFIUS or submit a notice.
As a comprehensive practice, we cover the full range of issues and requirements associated with the CFIUS process, including the following: