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, Taiwan, 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, critical infrastructure, cybersecurity, defense, electronics, energy, engineering and construction, identity authentication, information technology, intelligence, medical diagnostics, microelectronics, mining, ports, telecommunications and satellites, transportation and shipping, etc.) and range in value from smaller deals 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 2017 noted that, "The esteemed Farhad Jalinous chairs the firm's national security and CFIUS practice and is a prominent figure in the market. Clients recognize his 'absolute command of the subject matter' and 'concise answers to legal questions,' while also applauding him as a 'true expert in this field.'" Farhad is often quoted in prominent publications including Wall Street Journal, The Financial Times, American Law Daily and The Daily Deal.