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Jonathan M. Gafni

Counsel

Counsel

National Security and Cross-Border Investment Controls, CFIUS

Washington, D.C.

T: +1.202.371.7273

F: 1.202.661.8273

jonathan.gafni@skadden.com

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Jonathan Gafni provides clients with legal advice concerning national security reviews of foreign investments in U.S. businesses. Mr. Gafni represents clients before the Committee on Foreign Investment in the United States (CFIUS), the Defense Security Service and other U.S. government authorities responsible for cross-border investment controls.

Mr. Gafni gained significant experience with national security reviews of cross-border transactions at the Office of the Director of National Intelligence (ODNI), where he served as deputy national intelligence officer for CFIUS support from 2008-13. As a member of the Senior National Intelligence Service, Mr. Gafni led U.S. intelligence community support to the CFIUS process, directing the preparation of national security threat analyses of more than 500 cross-border transactions. Mr. Gafni represented ODNI on the interagency committee that drafted the regulations governing CFIUS. While at ODNI, Mr. Gafni also served as acting national intelligence manager/national intelligence officer for economic issues.

Mr. Gafni began his professional career as a corporate/securities attorney in Philadelphia. His broad national security and private sector experience includes the following other positions: program manager and supervisory intelligence analyst at the Federal Bureau of Investigation, senior manager of corporate development and business analysis for telecommunications equipment manufacturers and service providers, principal of a consulting firm focused on the evaluation of strategic investments and senior analyst of an executive branch lobbying firm.

Key representations include:

  • Anbang Insurance Co., Ltd. (China) in its $1.9 billion acquisition of the Waldorf Astoria Hotel from Hilton Worldwide Holdings Inc.;
  • British Columbia Investment Management Corporation (Canada) in its acquisition, with ATL Partners, of a controlling interest in Pilot Air Freight Corp.;
  • Capgemini S.A. (France) in its $4 billion acquisition of iGate Corporation, an information technology services provider;
  • Deutsche Bank AG (Germany) in its sale of Maher Terminals USA, LLC, a New Jersey container terminal, to Macquarie Infrastructure Partners III;
  • DSV A/S (Denmark) in its $1.3 billion acquisition of UTi Worldwide Inc., a third-party logistics services provider;
  • EMC Corporation (USA) in the $1.6 billion sale of its Enterprise Content Business to Open Text Corporation;
  • Fidelity & Guaranty Life (USA) in its pending $1.6 billion acquisition by Anbang Insurance Group Co. Ltd.;
  • GoldStone Investment Co., Ltd. (China) as a member of a consortium, which includes Hua Capital Management Co., Ltd. and CITIC Capital Holdings Limited, in its $1.9 billion acquisition of OmniVision Technologies, Inc., a developer of advanced digital imaging solutions;
  • Hangzhou Liaison Interactive Information Technology Co. Ltd. (China) in its acquisition of a 56 percent stake in Newegg Inc., an online retailer of computers and consumer electronics;
  • Konecranes plc (Finland) in its $1.3 billion acquisition of the Material Handling and Port Solutions business of Terex Corporation;
  • LANXESS AG (Germany) in its $2.5 billion acquisition of chemical manufacturer Chemtura Corporation;
  • Leshi Internet Information & Technology Corp., Beijing (LeEco) (China) in its $2 billion acquisition of VIZIO, Inc., a developer of consumer electronics products;
  • PT Elang Mahkota Teknologi Tbk (Emtek) (Indonesia) in its licensing agreement with BlackBerry Limited. The agreement enables Emtek to develop BBM applications and services for Android, iOS and Windows phones;
  • SunEdison, Inc. (USA) in the pending $150 million sale of its solar materials business to GCL-Poly Energy Holdings Ltd.; and
  • Thales SA (France) with the national security aspects of its $400 million acquisition of Vormetric, Inc., a provider of data security solutions.

Bar Admissions

District of Columbia
New Jersey
Pennsylvania

Education

M.S., Strategic Intelligence, National Defense Intelligence College, 2007

M.B.A., Georgetown University, 1992

J.D., University of California, Hastings College of the Law, 1988 (Editor in Chief, Hastings International and Comparative Law Review)

S.B., Economics, Massachusetts Institute of Technology, 1985

Certifications

Certified Public Accountant (Virginia)

Related Practices

Publications

"CFIUS and Foreign Investment Reviews in 2017 and Beyond"

Skadden's 2017 Insights

"Skadden Explains CFIUS’s Annual Report To Congress Highlights Decrease In Investigations, Need For Transparency"

The CLS Blue Sky Blog

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