National security law and policy are at the heart of virtually all cross-border transactions, and continue to grow in complexity and significance. A nuanced understanding of these far-reaching regimes is essential to maintaining healthy business operations, particularly as the risks – whether enforcement, regulatory, reputational, or geopolitical – evolve rapidly.
The laws are often new; the dynamics are not – Steptoe's National Security team has long provided practical legal advice and counsel to clients on all aspects of national security, foreign direct investment, and cross-border transactions. Our National Security team includes former senior US government officials who served as enforcers, regulators, analysts, and advisors across the Executive Branch, the Intelligence Community, and in Congress. Our deep insider knowledge of the enforcement and regulatory agencies, as well as the policymaking apparatus, provides invaluable perspective to our clients and produces practical solutions to the most challenging national security legal issues.
We represent and advise clients – entities, individuals, and sovereign governments – in a wide range of critical cross-border business sectors, including financial services, aerospace, defense, energy, blockchain, healthcare, life sciences, logistics, manufacturing, technology, telecommunications, and transportation.
National Security Investigations and Regulatory Advice
Risk related to national security prosecutions, investigations, and regulatory enforcement actions is at an all-time high. Whether conducting an internal investigation, responding to an administrative or grand jury subpoena, defending against a criminal or civil enforcement action, or responding to a cyber incident, our interdisciplinary team has extensive experience in helping clients analyze their options, identify and mitigate risks, implement a strategy, and successfully navigate these and related legal challenges. We work seamlessly with our experienced Export Controls, Economic Sanctions, and AI, Data & Digital teams in conducting these types of internal reviews, as well as representing clients in civil and criminal cases. Steptoe's National Security team also has significant depth and experience advising on all aspects of the Foreign Agents Registration Act (FARA) and related laws targeting malign foreign influence, cybersecurity and data privacy (whether relating to cyber intrusions and remediation, proactive cyber defense, or local data privacy laws), and legal and regulatory regimes governing access to or use of classified information (including compliance with Foreign Intelligence Surveillance Court (FISC) orders).
Foreign Direct Investment and Cross-Border Transactions
Our National Security team counsels clients on the critical regulatory schemes impacting foreign direct investment and cross-border transactions including: Committee on Foreign Investment in the United States (CFIUS); Facility Clearances and Foreign Ownership, Control, or Influence (FOCI) Mitigation; Team Telecom; Outbound U.S. Investment; Bulk Sensitive Personal Data; Information and Communications Technology and Services (ICTS); Artificial Intelligence (AI); and Critical Infrastructure and Energy Projects.
In advising clients on foreign direct investment implicating more well-established regulatory regimes – CFIUS, NISPOM, and Team Telecom – team members leverage their government experience and a clear-eyed understanding of the way the responsible agencies view national security risk to provide practical counsel to our clients. Our advice is tailored to account for the risk, while striving to preserve the client's business goals. With regard to risk arising from emerging national security regulatory areas – outbound investment, bulk sensitive personal data, ICTS, and AI, among others – we partner with our clients to understand and shape the latest rulemakings and proposed legislation to inform future strategic business decisions, as these regulatory regimes continue to evolve and mature.
Noteworthy
Chambers Global
- Chambers Global, International Trade/WTO, Global Market Leaders (2008-2025)
- Chambers Global, International Trade: Export Controls & Economic Sanctions, (The Elite), US (2019-2025)
- Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2025)
- Chambers Global, Disputes, International & Cross-Border Capabilities, US (2019-2025)
- Chambers Global, International Trade: CFIUS Experts, US (2020-2025)
- Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2025)
- Chambers Global, International Trade/WTO (International Firms), China (2019-2025)
- Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2025)
- Chambers Global, International Trade/WTO, Europe-wide (2019-2025)
- 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 (2009-2025)
Chambers Europe
- Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2025)
Chambers USA
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2024)
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2024)
- Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2024)
- Chambers USA, International Trade, Nationwide (2005-2016)
- Chambers USA, International Arbitration: Enforcement, Nationwide (2022)
Legal 500
- Legal 500 US, Government: Government Contracts (2024)
- Legal 500 US, International Trade: Trade Remedies & Trade Policy (2023-2024)
- Legal 500 US, International Trade: Customs, Export Controls, & Economic Sanctions (2023-2024)
- Legal 500 US, International Trade: CFIUS (2023-2024)
- Legal 500 US, Dispute Resolution: International Trade (2007-2022, 2024)
- Legal 500 UK, Dispute Resolution: International Arbitration (2010-2025)
- Legal 500 UK, Dispute Resolution: Public International Law (2010-2025)
- 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 (2015-2024)
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 2022-2024)
- ALB China Awards, Regulatory Compliance Law Firm of the Year (Shortlisted 2022-2024)
- ALB Hong Kong Awards, Regulation and Investigations Law Firm of the Year (Shortlisted 2020-2021, 2023)
- ALB Japan Awards, Japan Practice Foreign Law Firm of the Year (Award in 2021, Shortlisted in 2023-2024)
- ALB Korea Awards, Korea Practice Foreign Law Firm of the Year (2022-2023)
China Business Law Journal
- China Business Law Award, International Trade (2013-2023)
- China Business Law Award, Corporate Compliance (2019-2023)
- 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: Dispute Resolution, Honorable Mention (2024)
- 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
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.
News & Publications
Stepwise Risk Outlook
JCPOA 2.0? Considerations and Implications for a Trump Iran Nuclear Deal
March 12, 2025
By: Anni Coonan
Press Releases
March 11, 2025
Press Releases
March 5, 2025
Press Releases
March 3, 2025
International Compliance Blog
Update on ICTS Rules: Recent Actions and Path Ahead in 2025
February 27, 2025
By: Anjali Belur, Christopher Forsgren, Tyler Evans, Brian J. Fleming, Evan T. Abrams
International Compliance Blog
Understanding the Trump Administration’s “America First Investment Policy”
February 26, 2025
By: Steptoe's National Security & Cross-Border Transactions Practice
StepTechToe
The Trump Administration's AI Agenda: What It Means for National Security
February 25, 2025
International Compliance Blog
Early Signs from Trump Administration Point to Strengthening of National Security Controls on AI
February 24, 2025
Media Mentions
WorldECR Quotes Meredith Rathbone in Article About Sanctions and Foreign Policy
February 18, 2025
Events
Seminars & Events
AI and National Security Law Discussion
October 29, 2024
Speakers: Brian J. Fleming, Evan T. Abrams, Elizabeth "Liz" Cannon, Colleen Mearn, John Heflin
Webinars
The Long Arm of the New EU Data Protection Jurisdiction
December 6, 2017
Speaker: 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
By: Evan T. Abrams
Client Alerts
CFIUS Proposes Dramatic Expansion of US Foreign Investment Review, Seeks Public Input
October 2, 2019
Client Alerts
Changes Afoot for CFIUS and US Export Controls as the Dust Settles on FIRRMA
August 16, 2018
Client Alerts
CFIUS Reform: A Primer on the Key Changes Under Consideration
January 31, 2018
By: Alan Cohn
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