National security laws and policies impact virtually every cross-border business. Clients must take national security, homeland security, and foreign policy into account in making consequential decisions on international trade and investment, cybersecurity and data and infrastructure protection, interactions between law enforcement and the private sector, regulatory compliance, immigration, and emergency preparedness. Steptoe's National Security Group – one of the deepest and most well-established amongst US law firms – provides practical legal advice and counsel to clients on the national security, homeland security, and foreign policy dimensions of these issues.
Complementing and drawing on the firm's other marquee practices, our National Security group includes former senior US government officials from the National Security Council, the Departments of State, Treasury, Justice, Defense and Homeland Security (DHS), the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation. We have an in-depth understanding of the relevant legal requirements and regulatory frameworks at each of these agencies, as well as many of DHS's sub agencies (for example, the Transportation Security Administration, Customs and Border Protection, and Immigration and Customs Enforcement). In many cases, Steptoe lawyers and professionals helped develop the relevant laws and policies that govern these organizations today.
We provide legal advice and counsel related to US national security, homeland security, and foreign policy to clients in virtually every key cross-border business sector, including defense, aviation and other transportation, finance, logistics, technology and telecommunications, and manufacturing, as well as to sovereign governments.
CFIUS Review
Steptoe's national security practitioners have significant experience advising clients on the work of the Committee on Foreign Investment in the United States (CFIUS) and other US government processes for review of foreign investments, including Foreign Ownership, Control or Influence (FOCI) mitigation review conducted by the US Department of Defense's Defense Security Service (DSS) and the "Team Telecom" national security review conducted in conjunction with certain Federal Communications Commission license applications.
Steptoe lawyers provide clients with a sophisticated insider's understanding of the process by which the US government reviews national security implications of foreign investments under CFIUS and other mechanisms.
Noteworthy
Chambers Global
- Chambers Global, International Trade/WTO, Global Market Leaders (2008-2024)
- Chambers Global, International Trade: Export Controls & Economic Sanctions, (The Elite), US (2019-2024)
- Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2024)
- Chambers Global, Disputes, International & Cross-Border Capabilities, US (2019-2024)
- Chambers Global, International Trade: CFIUS Experts, US (2020-2024)
- Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2024)
- Chambers Global, International Trade/WTO (International Firms), China (2019-2024)
- Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2024)
- Chambers Global, International Trade/WTO, Europe-wide (2019-2024)
- Chambers Global, International Trade/WTO, Europe/Belgium (2008-2017)
Chambers Asia-Pacific & Greater China Region
- Chambers Greater China Region, Corporate Investigations/Anti-Corruption (International Firms) (2022-2023)
- Chambers Greater China Region, International Trade/WTO (International Firms) (2022-2024)
- Chambers Asia-Pacific, International Trade/WTO, Asia-Pacific Region (2009-2024)
Chambers Europe
- Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2023)
Chambers USA
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2023)
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2023)
- Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2023)
- Chambers USA, International Trade, Nationwide (2005-2016)
- Chambers USA, International Arbitration: Enforcement, Nationwide (2022)
Legal 500
- Legal 500 US, International Trade: Trade Remedies & Trade Policy (2023)
- Legal 500 US, International Trade: Customs, Export Controls, & Economic Sanctions (2023)
- Legal 500 US, International Trade: CFIUS (2023)
- Legal 500 US, Dispute Resolution: International Trade (2007-2022)
- Legal 500 UK, Dispute Resolution: International Arbitration (2010-2023)
- Legal 500 UK, Dispute Resolution: Public International Law (2010-2023)
- Legal 500 EMEA, Customs, Trade, WTO & Anti-Dumping, Belgium (2011-2019, 2022)
Law360
- Law360, International Trade Group of the Year (2010-2013, 2015, 2019)
Global Arbitration Review
- Global Arbitration Review, “International arbitration practice that impressed in the past year,” (2016)
- Global Arbitration Review, GAR 100 (2017-2023)
Global Investigations Review
- Global Investigations Review (GIR) 100, Top 30 Firms for Investigations Worldwide (2015-2022)
WorldECR
- WorldECR, Sanctions Law Firm of the Year, USA (2018, 2021), Sanctions Highly Commended Law Firm, USA (2017);
- WorldECR, Export Controls, Law Firm of the Year, USA (2015-2016), Highly Commended Law Firm, USA (2017), Runner-Up Law Firm of the Year, USA (2018)
- WorldECR, Sanctions Law Firm of the Year Runner-Up, Rest of the World (2021)
Asia Legal Business
- ALB China Awards, International Firm of the Year: International Trade (Award in 2021, Shortlisted in 2022 and 2023)
- ALB Japan Awards, Japan Practice Foreign Law Firm of the Year (Award in 2021, Shortlisted in 2023)
- ALB Korea Awards, Korea Practice Foreign Law Firm of the Year (2022 - 2023)
- Shortlisted, ALB China Awards, Regulatory Compliance Law Firm of the Year (2022 - 2023)
- Shortlisted, ALB Hong Kong Awards, Regulation and Investigations Law Firm of the Year (2020-2021, 2023)
China Business Law Journal
- China Business Law Award, International Trade (2013 - 2022)
- China Business Law Award, Corporate Compliance (2019 - 2022)
- China Business Law Award, Government and public policy (2022)
- China Business Law Award, Anti-Bribery & Compliance (2015, 2018)
China Law & Practice
- China Law & Practice, International Firm of the Year: Trade Award (2016, 2018-2020, 2022); Shortlisted (2021)
- China Law & Practice, Shortlisted, International Firm of the Year: Regulatory & Compliance (2018, 2021-2022)
Representative Matters
The CFIUS and FOCI processes are highly confidential, and the government does not even disclose the fact that specific transactions or companies are subject to review. Publicly available information is therefore limited. But companies themselves sometimes disclose information about their interaction with the CFIUS and FOCI processes, and Steptoe lawyers have been involved in many seminal cases, including the following illustrative matters:
- Regularly advise defense contractors on Department of Defense supply chain and service provider cybersecurity requirements.
- Represent the Coalition for Responsible Cybersecurity, a broad cross-section of US- and EU-based cybersecurity companies, including Symantec, Philips, Microsoft, Ionic Security, FireEye, and Raytheon, to educate policymakers is in the US, EU, UK, and around the world on the dangers of adopting export control regulations that would limit cybersecurity effectiveness and the options available for controlling malicious activity on the internet without stifling defensive capabilities.
- Obtained CFIUS and DSS/FOCI clearance for acquisition by non-US company of a leading cybersecurity business.
- Obtained CFIUS clearance for a Chinese multinational computer and personal technology company, with regard to its $2.9 billion acquisition of Motorola Mobility, a mobile telecommunications device company.
- Represented Ralls Corporation before CFIUS; Ralls had acquired windfarm projects and our representation began when CFIUS requested Ralls submit to a CFIUS review, a review the US Court of Appeals subsequently found violated Ralls' constitutional rights.
- Advised an Indian company regarding the FOCI aspects of its entrance into the US aerospace and defense market.
- Advised a US information technology company with classified contracts regarding CFIUS and DSS/FOCI processes entailed in a transaction with a European company.
News & Publications
StepTechToe
Commerce Proposes Significant New Regulations on AI Training and IaaS Providers
January 31, 2024
Publications
CFPB As Pay App Watchdog May Invite More Fintech Regs
January 12, 2024
By: Alan Cohn, Andrew Owens, Coy Garrison, Evan T. Abrams, Sophia Breggia, Vito Arethusa
Press Releases
Chambers Asia-Pacific 2024 Recognizes Steptoe's Top International Trade Practice and Lawyers
December 20, 2023
Press Releases
November 13, 2023
Press Releases
September 7, 2023
International Compliance Blog
Key Takeaways from the 2022 CFIUS Annual Report
August 16, 2023
By: Evan T. Abrams, Stewart A. Baker, Brian J. Fleming, Ryan Pereira
Events
On Demand
April 17, 2020
Speaker: Wendy Wysong
Webinars
The Long Arm of the New EU Data Protection Jurisdiction
December 6, 2017
Speakers: Stewart A. Baker, Maury Shenk
Webinars
2015 Developments Regarding Economic Sanctions and Export Controls
December 15, 2015
Speakers: Alexandra Baj, Jack R. Hayes, Meredith Rathbone, Edward J. Krauland
Client Alerts
Client Alerts
CFIUS Publishes Final Rules Implementing FIRRMA: What Changed and What it Means for Industry
February 13, 2020
Client Alerts
CFIUS Proposes Dramatic Expansion of US Foreign Investment Review, Seeks Public Input
October 2, 2019
By: Stewart A. Baker, Scott A. Sinder, Evan T. Abrams, Martin Willner
Client Alerts
Changes Afoot for CFIUS and US Export Controls as the Dust Settles on FIRRMA
August 16, 2018
Client Alerts
June 28, 2018
Client Alerts
January 19, 2017
Client Alerts
CFIUS Past and Present: 2014 Report Coincides with High-Profile 2016 Chinese Acquisitions
March 2, 2016
Client Alerts
October 8, 2015
Client Alerts
DoD Issues Interim Offset Costs Rule
June 4, 2015
By: Paul R. Hurst, Fred W. Geldon, Edward J. Krauland, Meredith Rathbone, Jack R. Hayes, Alexandra Baj