Foreign Investment (CFIUS)

FH+H attorneys assist clients in identifying and managing issues arising out of foreign investments into U.S. companies, including structuring, negotiating and closing transactions that require approval from the Committee on Foreign Investment in the United States (“CFIUS”).

Services + Solutions

Our CFIUS team can help clients:

  • identify risks associated with foreign investments into U.S. entities, including the requirement of CFIUS approval. 
  • Structure and negotiate transactions that require notification to and approval form CFIUS. 
  • Prepare and file preliminary and final voluntary notices of foreign investment with CFIUS.
  • Coordinate with foreign investors and their counsel the preparation of joint voluntary CFIUS notices.
  • Respond to post-notification requests for additional information from CFIUS.
  • Establish mechanisms to manage and mitigate foreign investment risk. 
  • Manage risk associated with CFIUS disapprovals. 

Experience + Capabilities

Whether serving as lead counsel or as regulatory counsel in support of a larger firm, FH+H can identify and manage all risks associated with foreign investment requiring CFIUS approval. 

  • FH+H lawyers have served as counsel to both buyers and sellers on high value mergers and acquisitions.
  • FH+H lawyers can work side-by-side with foreign investors and their counsel in both permissive and non-permissive legal environments.
  • FH+H has significant experience in the defense, intelligence, and security sectors.
  • FH+H clients include many government contractors, ranging from start-ups to multi-billion dollar defense titans.
  • FH+H has a  Sensitive Compartmented Information Facility (SCIF) capable of storing classified documents and handling classified communications.
  • FH+H has six attorneys that hold TS-SCI clearances, and three combat veterans who previously served in Iraq and Afghanistan.

Successes + Clients

Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.

  • FH+H serves as regulatory counsel (in support of Weil, Gothsheil) in a multi-billion dollar foreign private equity takeover of an multi-national entity that had several subsidiaries operating in the classified space. FH+H managed all ITAR, EAR, CFIUS, and FOCI mitigation risks. 
  • FH+H served as lead (and only) counsel (against opposing counsel Tory's) for all aspects of a transaction involving investment of a foreign private equity into a U.S. government contracting target that provides highly classified goods and services worldwide; the deal included complex merger negotiations, foreign and domestic due diligence, ITAR and EAR approvals, CFIUS notification and approval, and FOCI mitigation. 

To learn more about how FH+H lawyers can help with your CFIUS issue, please contact one of our professionals.