Cadwalader’s White Collar Defense and Investigations partners are widely known for their long-standing expertise in the national security area. Several partners have high-level security clearances and regularly appear before the Department of Justice, the Department of Defense, and other U.S. government agencies with jurisdiction over national security-related matters, often regarding classified information. Attorneys in the group have extensive experience handling classified litigation under the Classified Information Procedures Act, and in government surveillance matters relating to the Foreign Intelligence Surveillance Act (FISA) and the USA PATRIOT Act. Clients in this area include aerospace and defense companies, industrials, telecommunications suppliers and providers, technology and security companies, transportation carriers, financial institutions, financial services providers, global marketplace service companies, news organizations and sovereign wealth funds.
CFIUS: The group also advises on issues arising under Section 721 of the Defense Production Act (the so-called “Exon-Florio Amendment,” as amended by the Foreign Investment and National Security Act of 2007), which gives rise to filings before the Committee on Foreign Investment in the United States (CFIUS), chaired by the Department of the Treasury. Attorneys in the group assist clients in the assessment of the threats posed by a contemplated transaction, including examining the vulnerability of the target, the nature of the investment, and the national security consequences of foreign control. Counsel then extends to structuring, negotiating and documenting transactions, including particularly sensitive security and mitigation agreements, to address regulatory issues and resolve the security concerns presented by proposed transactions. The group also represents buyers, sellers and investors regarding the national security implications of foreign acquisitions of, and investments in, U.S. businesses, including in CFIUS reviews.