National Security & Cross-Border Transactions

National Security Investigations and Regulatory Advice

• Represent senior executive of company under investigation by DOJ and BIS for possible export control violations.

• Represented company in the aerospace industry in joint DOJ-BIS investigation of potential export control violations.
• Obtained a rare post-trial dismissal with prejudice for businessman Ali Sadr, in a criminal Iran sanctions case tried in the Southern District of New York, after uncovering evidence that prosecutors withheld exculpatory evidence and made misrepresentations to the Court.

• Represent a former senior government official in responding to a letter of inquiry in a high-profile investigation raising novel issues concerning FARA's commercial exemption.
• Represent Steve Wynn in the first affirmative civil suit under FARA in three decades.  Successfully moved to dismiss the suit immediately after filing and currently represent Wynn in appellate proceedings.  
• Conducted an internal investigation regarding an NGO's ties to a foreign political leader and potential FARA registration obligations.
• Represent a high-profile venture capitalist and political fundraiser in the US Court of Appeals for the Ninth Circuit in an appeal related to alleged violations of FARA and campaign contribution regulations.
• Conducted an internal investigation and successfully represented a major international business organization in a DOJ investigation of the organization’s work with foreign nationals and entities in domestic US policy matters.
• Represent an individual in a DOJ investigation regarding charitable donations to US entities and alleged ties to a foreign government.
• Regularly advise law firms, consulting firms, non-profits, and strategic communications firms on the application of FARA to their current activities; obtain advisory opinions and other guidance from FARA Unit, as necessary.
• 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.
• Represented multinational company before DOJ regarding compliance with a FISC order.
• Advised companies on compliance issues relating to FISA and other similar authorities.

Foreign Direct Investment and Cross-Border Transactions

• Obtained CFIUS and DCSA/FOCI clearance for acquisition by non-US company of a leading cybersecurity business.
• Obtained CFIUS and DCSA/FOCI clearance for a non-US company in the defense industry.
• 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 a US information technology company with classified contracts regarding CFIUS and DCSA/FOCI processes entailed in a transaction with a European company.
• Regularly advise companies in various industries, including battery technology, blockchain, cybersecurity, hybrid electric aircraft, healthcare, semiconductors, solar power and telecommunications, on CFIUS matters at all stages of the investment life cycle.
• Represent submarine cable licensee before Team Telecom on compliance matters relating to National Security Agreement.
• Advise companies, including leading financial services firms, on Treasury’s new Outbound Investment Security Program, including implementation of compliance programs and procedures to comply with the new regime.
• Advise companies in various industries, including the automotive and defense sectors, regarding proposed rules issued by BIS pursuant to ICTS authorities.
• Advise companies in various industries regarding proposed rules issued by DOJ relating to sensitive personal data.
• Advise various organizations on the EU legal framework applicable to AI.
• Represent clients before policymakers to shape AI policy in global jurisdictions to protect consumers and clients from harmful AI outcomes.
• Advise on US government national security concerns relating to ex-US investment in AI companies.