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Through CFIUS counsel, conducted evaluations of several potential Chinese bidders for a U.S. manufacturing company. This evaluation entailed a discreet due diligence review to understand the origin of wealth of key principals of the potential bidders as well as potential past or current links to the Chinese government.
Provided an independent analysis of the likelihood of CFIUS national security concerns, based both on the nature of the U.S. business and past government contracting, and results of the due diligence reviews on the potential bidders. The analysis also identified potential measures to mitigate potential national security concerns.
Evaluated pending CFIUS transactions and assessed the likelihood of CFIUS clearance for independent interested third party.
Provided ongoing strategic advice to a Chinese company that had been notified by CFIUS of perceived national security concerns regarding an intended acquisition of a U.S. manufacturing company. Advice to outside counsel and the company included assistance with the development of an engagement strategy with the government, and exploration of ways to restructure the deal to address CFIUS concerns.
Authored “friend of the court” brief on behalf of national security experts in a lawsuit brought by United States Steel Corporation and Nippon Steel Corporation against CFIUS in the U.S. Court of Appeals for the District of Columbia Circuit. The brief defended CFIUS’s vital role in balancing international trade and national security, while warning against the dangers of politicizing its decision-making process.
Served as a CFIUS-approved independent third party to assess and report directly to CFIUS on a Chinese company’s compliance with a CFIUS order, following a CFIUS-initiated review. Engagement required ongoing and extensive interactions with CFIUS.
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