Katie Clarke is a lead associate on the Skadden team focusing on cross-border investment and national security matters, primarily involving reviews conducted by the Committee on Foreign Investment in the United States (CFIUS) and related issues involving the Defense Counterintelligence Security Agency, export controls, cybersecurity and government contracting.
Ms. Clarke counsels clients on CFIUS transactional risk and structuring issues, as well as in steering transactions through CFIUS reviews and investigations. She has significant experience negotiating complex national security agreements with CFIUS member agencies and regularly assists clients in navigating the implementation of these agreements.
Ms. Clarke advises a diverse group of clients on transactions ranging from early-stage fund-raising to public company mergers across a variety of sectors such as artificial intelligence, semiconductors, social media, renewable energy, aerospace, fintech, insurance, manufacturing, real estate, biotech, defense contracting and private equity.
In recognition of her work, she has been recognized by Chambers USA as an Associate to Watch.
Select representations include:
- a Chinese technology company in connection with a CFIUS review of its acquisition of a social media app;
- Black Diamond Capital Management in its acquisition, in partnership with Investindustrial, of Hexion’s phenolic specialty resins, hexamine and European-based forest products resins business, with operations in the U.S. and Europe;
- Boston Dynamics, Inc. in Hyundai Motor Group’s acquisition of an 80% stake from SoftBank Group;
- First Solar in connection with the sale of:
- its U.S.-based utility-scale solar project platform to Leeward Renewable Energy Development, LLC, a portfolio company of OMERS; and
- a portfolio of development-stage solar projects to EDP Renewables North America, a subsidiary of Energias de Portugal;
- General Motors in connection with its $2.25 billion sale of a minority interest in its autonomous driving business;
- Key Safety Systems in its $1.6 billion acquisition of substantially all of the assets and operations of Takata Corporation as part of Takata’s Chapter 11 case;
- Massachusetts Mutual Life Insurance Company in the $2.35 billion sale of its retirement plan business to Empower Retirement;
- OPC Energy as lead consortium investor in the $685 million acquisition of Competitive Power Ventures from Global Infrastructure Partners;
- a sovereign wealth fund in its $6.8 billion acquisition of a majority interest in a portfolio of industrial, warehouse, distribution and office real estate assets located in major markets across the United States; and
- WABCO Holdings Inc. in its $7 billion acquisition by ZF Friedrichshafen AG.