Hot Topics

Recent National Security Q&As
Help fellow readers: Questions on land deals near grid facilities, more

Help fellow readers: Questions on land deals near grid facilities, more

It’s been a while since we published a “request for answers,” but two readers recently posed interesting questions related to foreign investment in agriculture land that we thought worth posing to the community. If you respond to these questions, we’ll publish your answers in a future edition.

Schneider Electric’s CLO on dealing with CFIUS, assessing risks, more

Schneider Electric’s CLO on dealing with CFIUS, assessing risks, more

Right before the new year, we sat down with Peter Wexler, Senior Vice President and Chief Legal Officer at the $36 billion energy management firm Schneider Electric. We talked with Wexler about his experience interacting with CFIUS, how he mitigates potential national security risks, and more.

Ex-CFIUS staffer discusses what’s happening in TPM and TPA markets

Ex-CFIUS staffer discusses what’s happening in TPM and TPA markets

We sit down with Jesse Sucher, who was previously Deputy Director of Monitoring and Enforcement at CFIUS. A Senior Advisor to Paul Rosen until a few weeks ago, Sucher has joined a firm that does third-party monitoring and auditing of CFIUS transactions. Sucher’s observations inside.

Understanding changes in FOCI scrutiny, mitigation, enforcement

Understanding changes in FOCI scrutiny, mitigation, enforcement

This week, we do a deep dive on foreign ownership, control and influence. According to Chris Griner, who chairs the national security and CFIUS practice groups at Stroock, invalidation of security clearances is the new “tool of choice” when companies are found out of compliance.

Talking export controls, sanctions with Dell global compliance director

Talking export controls, sanctions with Dell global compliance director

We recently sat down with Dell Technologies Legal Director for Global Compliance Ethan LeKate to discuss export controls, sanctions, artificial intelligence, and more. According to LeKate, cross-functional working groups were critical when responding to the Russia sanctions. Details inside.

Exclusive: We talk to CFIUS head Paul Rosen on his 1st anniversary

Exclusive: We talk to CFIUS head Paul Rosen on his 1st anniversary

Hard to believe, but Paul Rosen just celebrated his one-year anniversary as head of CFIUS. We sat down with Rosen for an exclusive interview to discuss his first year on the job, and covered everything from penalties to guidance. According to Rosen, CFIUS is “always working to improve.”

Exclusive: We get a rare look inside Softbank’s CFIUS/FDI program

Exclusive: We get a rare look inside Softbank’s CFIUS/FDI program

This week, we sit down with SoftBank Partner and Deputy General Counsel Jared Roscoe, who leads the firm’s CFIUS/FDI program. We discuss how Softbank reviews transactions for national security considerations, how the firm evaluates the impact of national security risks on returns, and more.

Exclusive: DoJ’s FIRS chief clarifies how transactions get scrutinized

Exclusive: DoJ’s FIRS chief clarifies how transactions get scrutinized

This week, we sit down with Devin DeBacker, who is Chief of the Foreign Investment Review Section in the National Security Division of the Department of Justice. DeBacker explains four important factors that the DoJ considers when scrutinizing transactions for sensitive data. That and more inside.

Ex-CFIUS head of international on how the Committee engages abroad

Ex-CFIUS head of international on how the Committee engages abroad

This week, we sit down with Laura Black, who — until just a few weeks ago — was Director of Policy and International Relations at CFIUS. Black discusses how CFIUS engages with other countries, and how those engagements progress and mature over time. Black’s insights are inside.

Implementing NSAs: Tips from an exec. who’s done it (three times)

Implementing NSAs: Tips from an exec. who’s done it (three times)

This week, we sit down with Karen Plonty, who most recently served as Chief Security Officer of Momentus, where she oversaw compliance with the company’s National Security Agreement. We discuss *real* trends in NSAs, how CFIUS actually monitors agreements, and more.

Critical technology assessments: Expert addresses reader questions

Critical technology assessments: Expert addresses reader questions

This week, we sit down with Nicholas Klein to discuss the ins-and-outs of critical technology assessments. According to Klein, this area is complicated, nuanced, and constantly changing. “I don’t think many people realize how broadly ‘critical technologies’ is defined.” Details and tips inside.

Exploring the costs associated with CFIUS mitigation and compliance

Exploring the costs associated with CFIUS mitigation and compliance

This week, we sit down with Steve Klemencic, a former division chief of the DoD’s Defense Intelligence Agency. Klemencic, who helped stand up the National Intelligence Council’s CFIUS Support Group and the FBI’s Foreign Investment Unit, explains the (hidden) costs associated with NSAs.

A VP National Security, CFIUS Security Officer discusses his role

A VP National Security, CFIUS Security Officer discusses his role

We sit down with Brian Moore, who serves as VP National Security and CFIUS Security Officer at a Silicon Valley-based technology company. A former policy advisor at CFIUS, Moore “nerds out” with us about foreign investment, his role, what goes into a mitigation agreement, and more.

CFIUS expert describes how firms might assess compliance with NSA

CFIUS expert describes how firms might assess compliance with NSA

This week, we sit down with Robert Biskup, Managing Director for International Regulatory, Forensics & Compliance at Deloitte. An expert on CFIUS, Biskup explains what it means to “roll up your sleeves” on implementing a National Security Agreement. Details inside.

FDI expert: CFIUS, Team Telecom may get more assertive over time

FDI expert: CFIUS, Team Telecom may get more assertive over time

This week, we sit down with John Beahn, who recently joined the law firm of Milbank as its first full-time CFIUS partner. According to Beahn, CFIUS and Team Telecom “only have begun to scratch the surface of the authorities provided to them” by FIRRMA. Details and insights inside.

Behind the scenes in the ICON-PDSTI dispute; lessons on CFIUS

Behind the scenes in the ICON-PDSTI dispute; lessons on CFIUS

This week, we sit down with Judith Alison Lee, a parter at Gibson Dunn who represented Shanghai Pudong Science and Technology Investment Co. in their deal with ICON Aircraft. The deal just got the thumbs-up from CFIUS, and Lee takes us backstage, offering lessons along the way.

Former acting chief of DoJ’s FIRS on lessons for dealing with CFIUS

Former acting chief of DoJ’s FIRS on lessons for dealing with CFIUS

We sit down with David Plotinsky, former acting chief of the Department of Justice’s Foreign Investment Review Section. David takes us inside the “black box” of FIRS, describes how it interacts with CFIUS, and offers some pitfalls to avoid when dealing with the Committee.

Get the inside scoop on the DoD’s unclassified CFIUS procedures doc.

Get the inside scoop on the DoD’s unclassified CFIUS procedures doc.

We sit down with Greg Alexandru, who was most recently a Deputy Director at the Office of Foreign Investment Review at the DoD. Greg untangles the DoD’s CFIUS “instruction” manual, providing details on what was once a black box: process, RBAs, team coordination, and more.