In recent years there has been a marked change in attitude towards foreign investment and national security screening.
Many jurisdictions globally have strengthened their ability to review and actively intervene in transactions. This reflects the more complex and unpredictable environment which investors and companies face and the increasingly protectionist approach in certain territories.
The focus today has moved beyond whether the target firm holds sensitive technology or has a use for military and defense. It’s about whether you hold significant amounts of sensitive personal data of individuals and whether you operate in areas of critical infrastructure.
Our global lawyers can help you navigate this complex regulatory environment. That includes obtaining foreign investment and national security, as well as merger control/antitrust and other regulatory consents to enable you to realize your investment and M&A strategy.
Our team includes individuals who have held numerous senior positions within government and within regulators. We have lawyers leading the national security review of transactions who have worked in senior positions within the US Government, and many who have advised governments on implementing or expanding their foreign investment and national security regimes, including in the UK.
We have broad experience in obtaining successful outcomes on challenging, high profile and strategic transactions. As a result, we can help you negotiate complex remedies with regulators and provide a seamless ‘one-stop shop’ service across jurisdictions.
Our global lawyers are experienced in all aspects of global foreign investment and national security law. Representative experience includes:
- advising a French global satellite operator in connection with a $550 million strategic investment. We acted as international regulatory counsel on the acquisition and assisted in foreign investment and competition filings across multiple jurisdictions, including US, UK, Australia and France
- acting as international regulatory counsel to a global healthcare business with respect to an acquisition across the US, seven jurisdictions in Europe and Asia
- advising on the FDI aspects of the $17bn acquisition of a leading global provider of clinical research services to the biopharma and biotech industry
- advising the UK Government on its proposed new foreign investment regime
- advising an Australian public listed company on the CFIUS and other foreign investment aspects and the HSR and global merger control elements of its US$1 billion sale to a consortium of Chinese investors. This includes agreeing CFIUS remedies (mitigations) with the buyer in advance and advising on the CFIUS process throughout including making submissions to and negotiating with CFIUS
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