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National Security
Attorneys in our national security practices advise on our clients' most sensitive and complex strategic challenges.
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.
What our clients say...
Excels in advising multinational corporates on sanctions matters, not just from a domestic perspective but also in a global context.
-The Legal 500 United States
Outstanding cross-border disputes team universally praised for the strength of the its regulatory practice.
-Chambers and Partners
The Freshfields [CFIUS] team is responsive and consistently provides clear and practical guidance, especially with respect to risk.
-Chamber and Partners
Our National Security Team
Eric B. Bruce Partner
Washington, DC, New York
Aimen Mir Partner | Foreign Investment and National Security | Head of CFIUS Practice
Washington, DC
Nabeel Yousef Partner
Washington, DC
Kenneth I. Juster Senior Counselor
New York
Brock Dahl Partner
Washington, DC, Silicon Valley
Stephanie Brown Cripps Partner
New York
Christine Laciak Special Counsel
Washington, DC
Colin Costello CFIUS and National Security Advisor
Washington, DC
Meghan Rissmiller Partner
Washington, DC
Eric Mahr Joint Head – Global Antitrust Litigation Group
Washington, DC