Farhad Jalinous | White & Case LLP International Law Firm, Global Law Practice

Farhad Jalinous

Partner, Washington, DC

“The ‘excellent’ Farhad Jalinous is an esteemed CFIUS expert. ‘He is by far the best CFIUS attorney I have ever worked with. He has shown an unwavering commitment to representing our organization and achieving the best possible outcome. I was particularly impressed by his sensitivity to our business needs and his creativity in finding a manageable solution.’”

Chambers USA, 2016

Overview

Farhad Jalinous is a partner in our Global International Trade and Global Mergers & Acquisitions Practices, and heads the Firm's National Security and CFIUS (Committee on Foreign Investment in the United States) practice. His experience includes negotiating some of the most complex and sensitive national security agreements approved by the US government. Farhad has represented top Fortune 500 companies in their investments in US companies involving national security issues. He represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in the United States.

In particular, Farhad represents clients in national security reviews before CFIUS, as well as before several agencies of the US government, including the Department of Defense, the Department of Energy and other cognizant security agencies, with respect to mitigation of foreign ownership, control or influence (FOCI) under the applicable national industrial security regulations.

Farhad has represented clients from all over the world, including Australia, Canada, China, Denmark, France, Germany, India, Israel, Italy, Japan, Luxembourg, the Netherlands, Russia, Saudi Arabia, Singapore, Spain, Sweden, Switzerland, Turkey, the UAE and the UK, in several hundreds of transactions notified to CFIUS. These transactions span a variety of industries (e.g., aerospace, automotive, cybersecurity, defense, electronics, energy, engineering and construction, identity authentication, information technology, intelligence, medical diagnostics, microelectronics, mining, telecommunications and satellites, transportation and shipping, etc.) and range in value from less than a US$1 million to multiple US$ billions.

Farhad routinely represents companies in all stages of the CFIUS process, including deal structuring and other strategic planning, negotiating purchase agreement terms to ensure client protection, conducting due diligence to assess potential areas of national security concern, developing strategies for engaging the government and facilitating a smooth process, preparing CFIUS filings and managing follow-up inquiries, negotiating CFIUS mitigation requirements, and guiding companies through mitigation implementation.

Farhad is consistently recognized by Chambers USA and Chambers Global as one of the top-tier CFIUS practitioners in the US legal market. Chambers USA 2016 noted that, "The 'excellent' Farhad Jalinous is an esteemed CFIUS expert.'He is by far the best CFIUS attorney I have ever worked with. He has shown an unwavering commitment to representing our organization and achieving the best possible outcome. I was particularly impressed by his sensitivity to our business needs and his creativity in finding a manageable solution,' reports one client" to Chambers. Chambers USA 2015 noted that, "The 'exceptional' Farhad Jalinous is a renowned figure at the CFIUS Bar, with over 20 years of experience in guiding multinational corporations through the review process.  Farhad is often quoted in prominent publications including Wall Street Journal, The Financial Times, American Law Daily and The Daily Deal.

Bars and Courts

  • District of Columbia Bar

Education

  • JD, Georgetown International Environmental Law Review, Georgetown University Law Center
  • BA, Georgetown University

Languages

  • English
  • Farsi
  • French

Experience

Speaking Engagements

"Key CFIUS Developments: Lessons from Recent CFIUS Report and Cleared Transactions”, July 8, 2015: Strafford Publications Inc., (speaker)

March 11-13, 2014: UK Home Office Security and Policing Event, (speaker)

"Acquisition of USA Defense & Security Companies: What You Need to Know", November 6, 2013: Aerospace Defense Security Group Webinar, (presenter)

"Managing the Interplay of Export Controls and National Security: Integrating ITAR and NISPOM Requirements that Govern Foreign Nationals, Foreign Ownership and Release of Classified Information", May 14, 2013: American Conference Institute Global Export Controls Compliance Conference, (panelist)

April 10 & 16, 2013: China’s PRC Bureau of National Defense Science and Technology Conference, (presenter)

"CFIUS Regulations and FINSA Compliance, Leveraging Lessons from Recent Transactions for Foreign Investment in the US", April 16, 2013: Strafford Publications Inc., (speaker)

April 6, 2013: ABA Business Law Spring Section Meeting, (speaker)

"CFIUS Regulations for Foreign Investment in the U.S.", April 11, 2012: Strafford Publications Inc., (speaker)

"UK Briefing on Investing in the US Defense and Security Sectors", March 13, 2012: Aerospace Defense Security Group, (speaker)

September 21-23, 2011: ABA Business Law Section’s Global Business Law Forum, (speaker)

"Foreign Ownership, Control or Influence and Government Contractor Security Clearance", September 14, 2011: Webinar, (speaker)

"FOCI and Government Contractor Security Clearance", October 26, 2010: Strafford Publications Inc., (speaker)

"CFIUS Regulations for Foreign Investment in the U.S., Leveraging Lessons Learned One Year After the New FINSA Requirements", March 25, 2010: Strafford Publications Inc., (speaker)

"Strategies for Meeting FINSA Requirements", March 15, 2010: Webinar, (speaker)

"Regulations for Foreign Investment in the U.S.", March 24, 2009: Strafford Publications Inc., (speaker)

Publications

  • Trends in 'Close Proximity' Issues at CFIUS, Law360, October 26, 2015
  • Report Highlights Continued Need for CFIUS Planning, Law360, March 2, 2015
  • Ralls Ruling Could Open Door to Other CFIUS Challenges, Law360, July 18, 2014
  • How Chinese Companies Can Successfully Invest in the United States, China Legal Review, June 30, 2014
  • D.C. District Court Dismisses Remaining Claim in Ralls Litigation: Implications for the Committee on Foreign Investment in the United States (CFIUS) Process, China Legal Review, October 28, 2013
  • CFIUS Considerations Arising in the Acquisition of Distressed Assets in the United States, China Legal Review, July 30, 2013
  • CFIUS National Security Agreements Can Impose Significant Constraints on Foreign Acquisitions, China Legal Review, April 28, 2013
  • Ralls Litigation Challenges Authority of US Committee on Foreign Investment in the United States (CFIUS), China Legal Review, September 27, 2012
  • CFIUS Report Highlights Foreign Investment Trends, International Law Office Corporate Finance/M&A Legal Newsletter, March 31, 2010
  • China Investment Bought into AES, New Century Weekly Vol. 12, 2010
  • Best Practices in the Acquisition of a Government Contractor: Classified Contracts/CFIUS/Exon Florio, American Bar Association Best Practices Manual, December 2, 2009
  • Mitigating Circumstances, The Deal.com, April 16, 2008

Awards & Recognition

Top Lawyer, Washingtonian, 2015

Best Lawyers

International Trade and Finance Law

Chambers Global

Chambers USA