National Security

Freshfields attorneys draw on a broad range of national security and government experience to assist clients with their most complex commercial challenges and opportunities.

These include cross-border investments and transactions, national security- and public policy-based regulation of international transactions, the implementation and sale of novel or sensitive technological capabilities, navigation of conflicting cross-jurisdictional demands, resolution of government investigations, and more. Freshfields clients look to us to advise on their company-transformative challenges and opportunities that demand deep insight, creative problem solving, and absolute precision.

Freshfields has expertise to advise and represent companies that develop advanced technologies, are data intensive, own or operate infrastructure, or are in the defense and national security industries.

Key areas

Foreign Investment

The Committee on Foreign Investment in the United States (CFIUS) reviews foreign investment to identify and address any national security concerns posed by such transactions. There are also other long-standing, new, and expected regulatory review processes for transactions involving telecom infrastructure, information technology transactions, classified information, and some outbound investment. Other countries have also adopted and are actively enforcing inbound investment regimes, subjecting investments in certain types of companies or technologies to mandatory filing requirements.

Cybersecurity

There is increasingly overlap between government interests and private cybersecurity activities, with a growing set of applicable federal regulations requirements and tensions between security techniques and current law, to be considered.

Internal Investigations

Corporate investigations into potential wrongdoing or errors can focus on a range of national security related laws.

Sanctions and Export Control

The federal application of sanctions and export control regimes require sensitive advice and expertise relating to core U.S. government concerns.

Anti-Money Laundering

Complex global financing and commercial activities must be carefully vetted for applicable AML requirements.

Federal Intelligence and Law Enforcement Requests and Directives

Clients with meaningful data about customers may expect federal information demands, some classified, into which Freshfields can extend our offerings.

Antitrust

With the government as the principal end customer for companies in the defense industry, M&A in the industry raises unique antitrust considerations.

Regulatory Policy and Strategy

Clients regularly seek to understand the implications for business strategy and potential transactions of policy trends, political dynamics, and regulatory developments that often and increasingly have a national security nexus.

Client successes

Marriott on the international response to the Starwood database security incident.
Ericsson on the CFIUS clearance of its $6.2 billion acquisition of Vonage.
Infineon Technologies in the CFIUS clearance of its $10 billion acquisition of Cypress Semiconductor.
Various clients on engagements with US regulators and law enforcement in response to cybersecurity breaches.
A West Coast tech platform on various strategic data matters, including on anonymization and data retention strategies; on its litigation strategy relating to data exports following the Schrems II decision; and on disclosure of data to tax authorities.
A consumer technology company on requests for information from authorities regarding the disclosure of communication data in more than 30 countries and on the writing of terms of use and the design of new products.
Various platform and tech companies on complex preliminary antitrust investigations focusing on the collection and use of data and how data is shared with third parties.