Malcolm Tuesley
Malcolm Tuesley has significant experience representing clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS) and assisting clients with related issues, including mitigation of foreign ownership, control or influence (FOCI) under industrial security regulations; export control compliance; and government contracting.

Bio

Malcolm Tuesley has significant experience representing clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS) and assisting clients with related issues, including mitigation of foreign ownership, control or influence (FOCI) under industrial security regulations; export control compliance; and government contracting. Mr. Tuesley has been involved with negotiating national security agreements with the U.S. government for some of the largest and most complex transactions in the defense, energy, financial services, telecommunications and technology sectors.

Recent representations include:

  • The AES Corporation and Alberta Investment Management Corporation (AIMCO) in their $853 million acquisition of FTP Power LLC (sPower);
  • Apex Technology Co., Ltd. as a member of a buyer consortium in its $4 billion acquisition of Lexmark International Inc. This was the second-largest outbound acquisition in the technology sector ever completed by a Chinese investor and the third-largest U.S. public takeover ever completed by a Chinese investor. This transaction was named one of China Business Law Journal’s 2016 Deals of the Year;
  • BlackBerry with compliance issues regarding access to classified information, Defense Security Service compliance issues and evaluation of potential transactions;
  • Fortress Investment Group LLC in its $3.3 billion acquisition by SoftBank Group Corp.;
  • Hewlett Packard Enterprise Company with the CFIUS aspects of its $8.8 billion sale of its software business to Micro Focus International plc;
  • Intel Corporation in its $4.2 billion joint venture with TPG Capital, L.P. to form an independent cybersecurity company called McAfee;
  • LANXESS AG in its $2.5 billion acquisition of Chemtura Corporation;
  • Lattice Semiconductor Corporation in its $1.3 billion going-private acquisition by Canyon Bridge Capital Partners;
  • The Saudi Arabian Public Investment Fund in its $3.5 billion investment in Uber Technologies, Inc.;
  • A Singapore sovereign wealth fund in joint ventures with investors to acquire over 2.1 million square feet of office assets in the Washington, D.C. metropolitan area for $1.1 billion;
  • Veritas Capital in its $755 million acquisition of the capital services business of Chicago Bridge & Iron Company N.V.;
  • An affiliate of Veritas Capital in its $690 million acquisition of the government IT services business of Harris Corporation;
  • Wendel and its portfolio company AlliedBarton Security Services LLC in AlliedBarton’s merger with Universal Services of America, Inc.; and
  • XIO Group in its $1.1 billion acquisition of J.D. Power and Associates, Inc. from McGraw Hill Financial, Inc.

Other notable representations include the following, among others:

  • Sprint Nextel Corporation in its:
    • $21.6 billion sale to SoftBank Corporation (recognized as the “Global M&A Deal of the Year: Grand Prize” by The American Lawyer and in the Corporate & Commercial category in the Financial Times’ 2013 U.S. “Innovative Lawyers” report); and
    • $2.2 billion acquisition of the 50 percent stake in Clearwire Corporation.
  • Alcatel, a wireline and wireless telecommunications company in France, in its $13.4 billion merger of equals with Lucent Technologies Inc.;
  • Bain Capital and Golden Gate Capital as co-lead investors in their $7 billion take-private of BMC Software, Inc;
  • A123 Systems, Inc., a maker of advanced lithium ion batteries, in its sale to Wanxiang Group Companies;
  • L-1 Identity Solutions, a manufacturer and provider of biometrics capture hardware and software, in its sale to Safran SA;
  • China Three Gorges Corporation in its acquisition of a 21.35 percent stake in Energias de Portugal S.A. for €2.69 billion;
  • EMC Corporation in the contribution of its Iomega Network Attached Storage Device division to a joint venture with Lenovo;
  • LSI Corporation in its $6.6 billion acquisition by Avago Technologies Ltd;
  • Applied Materials, Inc. in its $29 billion merger of equals with Tokyo Electron Limited;
  • Marubeni Corporation in its $5.3 billion acquisition of Gavilon Group LLC, a distributor of agricultural and energy commodities; and
  • DigitalGlobe, Inc. in its $900 million merger with GeoEye, Inc., an information technology provider for the aerospace and defense industry.

In addition, Mr. Tuesley has served as regulatory counsel to several major broadcast networks in connection with the FCC’s media ownership review proceedings. He also has advised clients with respect to all aspects of FCC regulations affecting broadcast and cable television and assisted them on legislative matters. Mr. Tuesley has substantial experience representing licensees in enforcement proceedings, especially in connection with the FCC’s broadcast indecency rules. He also has extensive experience representing clients before various committees of the U.S. Congress. Mr. Tuesley has been selected for inclusion in Chambers USA and Chambers Global.

Credentials

Education

  • J.D., Indiana University, Maurer School of Law, 1999 (cum laude)
  • B.S.B., Indiana University, Kelley School of Business, 1996 (with honors and distinction)

Admissions

  • Illinois
  • District of Columbia
  • Indiana

Government Service

  • Law Clerk, Hon. Robert L. Miller, Jr., United States District Court for the Northern District of Indiana (1999-2001)

Malcolm Tuesley