National Security: Foreign Investment Review and Defense Security

“Baker & Hostetler has a wide variety of specialist attorneys who work together seamlessly. We have been with Baker & Hostetler for many years with great success.”

We assist clients in a broad array of industries with foreign investment reviews by the Committee on Foreign Investment in the United States (CFIUS), as well as security clearance matters under the jurisdiction of the Defense Counterintelligence and Security Agency (DCSA), including mitigation of foreign ownership, control and influence (FOCI) and compliance with the rules and regulations applicable to security clearances.

Secured CFIUS safe harbor and DCSA FOCI mitigation for the partial sale of a leading global producer of highly engineered aerospace systems and components to foreign affiliates of a global private equity firm.
Advised a European private equity firm on CFIUS and DCSA FOCI mitigation matters in connection with the acquisition of a global advanced armor protection business with U.S. operations.
Secured CFIUS clearance for a U.S entity in the automotive sector regarding an acquisition of assets by a Taiwanese entity with a significant footprint in China.
Represented a critical infrastructure U.S. business through the filing and CFIUS review of a declaration.
Represented a Dubai-based company owned by a Kuwaiti public company in connection with CFIUS queries regarding a non-notified asset purchase that had occurred three years earlier.
Secured CFIUS safe harbor in connection with the sale of a leading SAP managed service provider to a Japanese buyer.
Advised a Chinese-owned and -controlled U.S. business in the mobile advertising business on all matters relating to its compliance with a CFIUS mitigation agreement.
Represented a U.S. company in the autonomous vehicle sector in connection with CFIUS outreach on a non-notified financing and demonstrated that the foreign investment was not subject to CFIUS jurisdiction.
Advised an international asset management firm specializing in the space and satellite technology sectors in response to a CFIUS request for a notice filing regarding a prior transaction.
Represented a subsidiary of a German investment company in the purchase of a U.S. researcher and manufacturer of coatings, adhesives and other compounds used in the plastics, oil and gas exploration, electrical, graphic arts, and liquid filtration industries.
Represented a leading global producer, designer and supplier of engineered aerospace components, systems and subsystems in connection with the mandatory notification to CFIUS of the sale of one of its U.S. divisions to a buyer headquartered in Ireland.
Counseled numerous clients on whether a mandatory CFIUS filing was required or a voluntary filing was recommended, including analysis of whether the target was a TID U.S. business for CFIUS purposes, and performed related due diligence.
Represented a leading U.S. private equity firm and its cleared portfolio companies in providing notice to DCSA in connection with numerous mergers, acquisitions and divestitures.
Represented a manufacturer of radio frequency and microwave technologies on security clearance matters before DCSA.
Counseled a client in the aerospace and defense industry on addressing FOCI mitigation.