Skadden has extensive experience with non-U.S. national security review processes involving foreign direct investments (FDI), including in Canada, the European Union, the U.K., France, Germany, Russia, Australia and Japan. We have counseled entities based in the U.S. as well as overseas — including purchasers, sellers, minority investors, financial institutions, private equity consortia and other institutional investors — in some of the largest and most complex international transactions.
We offer a holistic perspective on varying FDI control regimes worldwide. Whether a country imposes mandatory FDI notification requirements, allows for voluntary notification or a combination of both, Skadden provides clients with a globally coordinated and informed view of the regulatory risks and processes involved. We also guide companies on different countries' review priorities, from those that concentrate on national security and critical infrastructure concerns to others that emphasize economic impacts and industry-specific issues.
Our attorneys are well-versed in the notification processes and timelines associated with reviews, and we stay abreast of developments, trends and reform efforts impacting foreign investment controls in North America, Europe and Australia. As part of the firm’s global platform, our team includes worldwide attorneys advising on FDI issues in various jurisdictions. Additionally, we have extensive experience managing the review processes in multijurisdictional contexts, where foreign buyers must obtain similar authorizations from multiple foreign national authorities or agencies, including the Committee on Foreign Investment in the United States (CFIUS).