U.S. and foreign companies involved in mergers, acquisitions, or takeovers resulting in foreign control of a U.S. business often rely upon Holland & Hart's experience in handling Voluntary Notices before the Committee on Foreign Investment in the United States (CFIUS).

Under Section 721 of the Defense Production Act of 1950 as amended by the 1988 Exon-Florio statute and the Foreign Investment and National Security Act of 2007 (FINSA), CFIUS and the President oversee the national security implications of foreign investment in U.S. companies. National security reviews by CFIUS have grown in prominence and frequency in recent years.

The Holland & Hart team brings our clients experienced judgment and counsel in assessing whether to submit a Voluntary Notice of a merger or acquisition to CFIUS and in assembling a notice to CFIUS when a submission is warranted. Our lawyers offer our clients sound counsel to evaluate the best path forward for our clients based on numerous CFIUS filings in various industries and based on work as senior officials at the U.S. Department of Justice and other federal agencies on CFIUS and national security issues. The insight gained through our unique experience allows our attorneys to evaluate the prudence and wisdom of filing a Voluntary Notice, to foresee the national security considerations and factors which are likely to guide U.S. government officials, and to provide strategic advice to ensure a successful resolution to the CFIUS process.

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Triplett (Trip) Mackintosh and Steven Pelak are ranked globally in USA, International Trade: Export Controls & Economic Sanctions

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