U.S. and foreign companies involved in mergers, acquisitions, or investments resulting in a foreign person’s control of a U.S. company or access to a U.S. company’s critical technologies often rely upon Holland & Hart's experience in navigating the national security review process of the Committee on Foreign Investment in the United States (CFIUS).

Under Section 721 of the Defense Production Act of 1950 as amended by the 1988 Exon-Florio statute, the Foreign Investment and National Security Act of 2007 (FINSA), and the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), CFIUS and the President oversee the national security implications of foreign investment in U.S. companies.  National security reviews by CFIUS have grown in prominence and frequency in recent years.  With the passage of FIRRMA in August 2018, it has become increasingly important for parties to transactions involving foreign investment in a U.S. company (i) to identify the precise export control regulations governing the U.S. company’s goods, services, and technology; and (ii) to conduct careful, early due diligence to identify factors in the deal that may require CFIUS disclosure or may raise CFIUS concerns.
  
The Holland & Hart team provides our clients with experienced judgment and counsel in assessing whether to submit a voluntary notice of a merger, acquisition, or other foreign investment to CFIUS and in preparing such submissions to CFIUS when warranted.  Although the CFIUS process is largely voluntary, CFIUS also requires the filing of mandatory declarations for certain transactions.  Our lawyers offer our clients sound counsel to evaluate the best path forward based on numerous CFIUS filings in various industries and based on work as senior officials at the U.S. Department of Justice and other federal agencies on CFIUS and national security issues.  
 

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Committee on Foreign Investment in the United States (CFIUS) Publications

Lawyer Ranked Globally and Nationally in Chambers

Steven Pelak is ranked in Chambers Global 2019 and Chambers USA 2019 for USA, International Trade: Export Controls & Economic Sanctions 

NATIONWIDE Practice in Chambers USA 2019

Recognized by Chambers USA 2019 for the practice area International Trade: Export Controls & Economic Sanctions, USA - Nationwide

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One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

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