Debevoise’s National Security practice advises the firm’s clients on a full range of transactional and compliance matters and government investigations that implicate U.S. national security, foreign investment regimes and policy considerations and regulation of international commerce. Our team has broad experience across the senior levels of the U.S. government, including at the Department of Justice, the Department of Homeland Security, the Department of State, the Department of the Treasury, the White House, the Securities and Exchange Commission and the Federal Reserve, and includes the former attorneys general for the U.S. and U.K.

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Rick Sofield

Satish M. Kini

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Biden Administration Acts to Limit Access to Sensitive Personal Data by Countries of Concern

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CFIUS. Working closely with the firm’s M&A, Insurance and Investment Management Groups, our National Security lawyers specialize in helping publicly traded and privately held clients identify and mitigate the risks of government national security reviews, including those administered by the Committee on Foreign Investment in the U.S. (CFIUS), Team Telecom (an inter-agency government team that advises the Federal Communications Commission on license transfers), and by the Department of Defense and Department of Energy related to foreign ownership, control or influence (FOCI). In the event that a transaction does trigger a review, we assist clients in preparing for and navigating all stages of the review process.

Non-U.S. foreign direct investments (FDI). For non-U.S. countries with required or voluntary FDI reporting and reviews, our National Security practice calls upon its deep knowledge of these regulations in multiple jurisdictions in Europe and Asia, and in Canada, to lessen the risks government scrutiny. If an FDI review is required, we advise clients at every step of the approval process, and across transactions of all types. When advantageous, we closely coordinate CFIUS and non-U.S. FDI reviews, to help ensure that even the most complex cross-border transactions are completed efficiently and in a timely manner.

Sanctions and export controls. The firm’s sanctions compliance and enforcement practice counsels clients on the compliance and business risks of U.S., U.K., and EU economic and trade sanctions, and works with clients in investigating and addressing potential violations, including with respect to voluntary or mandatory disclosures. The practice advises a wide range of companies across industries in structuring transactions and products and negotiating contracts and third-party relationships to comply with applicable sanctions/export controls laws and mitigate risks. If a potential sanctions issue is identified, we assist with the investigation and remediation process and advise clients on their reporting obligations and exposure. Drawing on the vast experience of our premier investigations and white collar defense practice, the team regularly represents clients before U.S. enforcement authorities and regulators, including the Department of State, Department of Justice, Office of Foreign Assets Control (OFAC), federal banking regulators and the New York Department of Financial Services — along with counterparts in the U.K. and EU.

Anti-money laundering (AML). Together with the firm’s renowned White Collar and Banking Groups, our National Security practice advises U.S. and internationally based banks, broker-dealers, asset managers, fund sponsors, payment providers and digital token/cryptocurrency companies on a full scope of AML compliance and enforcement matters. Our work includes assisting clients with issues arising out of specific transactions, programmatic assessments and support and preparing for and responding to inquiries and examinations from U.S., U.K and EU regulators. We also have deep experience in interacting directly with the U.S. Department of Justice, the U.S. Department of the Treasury, the Financial Crimes Enforcement Network (FinCEN), the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC) and U.S. federal and state banking regulators, as well as regulatory and enforcement agencies in the U.K. and EU.

Cybersecurity, AI and data privacy. Within the National Security practice are senior lawyers from the firm’s cutting edge Data Strategy & Security (DSS) practice, which combines our cybersecurity, privacy, artificial intelligence, business continuity, M&A diligence and data governance capabilities into one powerhouse team. DSS lawyers assist companies in preparing for and responding to a wide range of cyber incidents, including state-sponsored intrusions and related national security and geopolitical risks, as well as financially motivated incidents such as ransomware attacks. They also guide clients through safe adoption of high-value AI applications, mitigation of related legal and reputational risks, and defense of AI- and other technology-related claims.

Supply Chain Security and Compliance. Alongside our White Collar, Corporate, and Cyber (DSS) Groups, Debevoise’s National Security practice counsels global companies on all aspects of supply chain security and risk management. Our capabilities include strategic counseling on supply chain compromises and integrity; developing and implementing supply chain regulatory compliance programs; advising on appropriate risk-based controls and remediation planning; leading internal investigations into supply chains to ensure adherence to legal requirements and into supply chain compromises; and overseeing supply chain due diligence on potential targets, partners, and other counterparts. Drawing from our experience in senior national security roles in the U.S. federal government, we advise companies across all federal supply chain related regulatory and national security regimes, including the Uyghur Forced Labor Prevention Act, the Department of Commerce’s Information and Communications Technology Supply Chain (ICTS) regulations, supply chain requirements instituted by burgeoning cybersecurity regulations, and other policy and regulatory matters.

White Collar & Regulatory Defense and Congressional Investigations. Debevoise attorneys represent corporate and individual clients in some of the most high-stakes, high-profile, and consequential investigations related to national security brought by government agencies and congressional committees. These investigations have involved matters ranging from technology companies’ relationship with foreign adversaries and potential interference in U.S. elections, to financial institutions and complex cross-border transactions. With bipartisan experience serving at the highest levels of the federal government and behind the scenes for senior leaders in Congress, the firm has deep expertise in working successfully with officials in both the executive and legislative branches, responding to document and information requests, preparing witnesses to meet with investigators and even testify publicly before difficult partisan hearings, and counseling clients in connection with written reports issued by congressional committees.

Outbound Investment Regime: Key Takeaways on and Implications of the Final Rule20 November 2024Rick Sofield, Satish Kini, Robert Dura Foreign Ownership, Control & Influence (FOCI): Key Developments and Considerations17 October 2024 Rick Sofield, Erik Andren, John Satira Regulating International Foreign Direct Investment: Key Developments and Trends17 September 2024 Rick Sofield, Timothy McIver, Anne-Mette Heemsoth Outbound Investment Regime: Key Takeaways on and Implications of the Proposed23 July 2024 Satish Kini, Rick Sofield, Robert Dura, Catherine Morrison Supply Chain Security: Trends in Enforcement, Regulation and Legislation13 June 2024 Satish Kini, Natalie Reid, Gabriel KohanCongress (Finally) Acts - New Laws Adopted re TikTok, Data Brokers, Confiscation and Sanctions 13 May 2024Alan Kartashkin, Satish Kini, Rick Sofield, Robert DuraU.S. Department of Justice’s National Security Priorities and Trends 18 April 2024Rick Sofield, Jane Shvets, Douglas ZolkindThe Biden Initiative to Limit Access to Americans’ Personal Data27 March 2024Satish Kini, Rick Sofield, Robert Dura, Taylor RichardsCommittee on Foreign Investment in the United States (CFIUS) Trending Topics27 February 2024Ezra Borut, Rick Sofield