Diversity & Inclusion
Skadden’s CFIUS practice represents clients in navigating a variety of federal defense, homeland security, law enforcement, intelligence and other related issues arising from a broad range of precedent-setting transactions, government investigations and public-private collaborations implicating national security, including purchasers, sellers, minority investors, financial institutions, private equity consortia and other institutional investors.
The firm’s experience with national security review processes has given the team a unique understanding of the arrangements necessary to resolve U.S. government security concerns presented by proposed transactions. As one of the few large law firms with integrated CFIUS and corporate practices, we anticipate and address national security issues in the earliest stages of transaction planning. Our integrated approach allows us to proactively handle national security concerns as they arise. With longstanding experience in cross-border M&A, we have successfully represented clients in some of the largest and most complex international transactions.
Attorneys in Skadden’s CFIUS practice have formerly held positions within the federal government on Capitol Hill, within the CFIUS process and as members of the U.S. intelligence community. Our practice was ranked in the top tier by Chambers USA 2016 for International Trade: CFIUS Experts. In 2014, Skadden received a Chambers USA “Award for Excellence,” which cited our “incredible depth of CFIUS expertise.” Skadden’s CFIUS attorneys repeatedly have been selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business, Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America.
National Security Reviews
Our attorneys have successfully represented clients in some of the largest and most complex transactions reviewed before CFIUS, the Defense Security Service and federal government entities that conduct national security reviews of telecommunications provider transactions involving foreign ownership (Team Telecom).
Cyber Crisis Management
Our team addresses cybersecurity matters, such as incident response, federal government engagement and regulatory compliance. We identify the legal risks associated with cybersecurity and other technology-related security concerns and assemble and coordinate multidisciplined teams of advisers.
The firm represents clients in the negotiation of and ongoing compliance with U.S. government agencies and foreign governments, including CFIUS matters, national and network security agreements, agreements to mitigate foreign ownership, control or influence, letters of assurance, cooperative research, development agreements and other private agreements. We also assist clients in navigating relevant U.S. export control reviews of technology exports.
The CFIUS Group has counseled clients through congressional investigations, classified investigations and stored-data access requests. We also advise on lawful surveillance matters related to federal statutes including the Wiretap Act, Electronic Communications Privacy Act, Stored Communications Act, pen/trap statutes, Foreign Intelligence Surveillance Act and Communications Assistance for Law Enforcement Act.