Farhad Jalinous

Partner, Washington, DC

Biography

“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.’”
Chambers Global, 2018

Overview

Farhad Jalinous is a partner in our Global International Trade and Global Mergers & Acquisitions Practices, and is the Global Head of 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 widely regarded as one of the very top CFIUS and FOCI practitioners in the US legal market. For more than a decade he has been consistently recognized by Chambers USA and Chambers Global as one of the top-tier CFIUS attorneys. Chambers Global 2019 noted that, "Farhad Jalinous is considered a 'premier national security counsel' by sources, who add: 'He is a well-respected expert with the highest integrity and is trusted by government regulators.' He is regularly called on to assist clients with CFIUS reviews." Further, clients have also recognized Farhad as "clear-thinking and well-connected" in The Legal 500 US. 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

"New CFIUS Regulations: Ensuring Compliance in the Evolving CFIUS Landscape," November 13, 2019: Strafford Publications Inc., (speaker)

"Key updates on the new regulations on Foreign Investments in the USA", October 22, 2019: Di Conference’s annual M&A conference, Stockholm, (speaker)

CFIUS event co-presented by Jefferies Event Driven Strategies Desk and White & Case, September 19, 2019: New York, (speaker)

"New CFIUS Pilot Program: Expanded Jurisdiction, Reporting Requirements for Non-Controlling Investments", CLE Webinar, Strafford Publications, February 2019

"CFIUS Update and What FIRRMA Means for Industry", September 6, 2018: AmCham China Outbound Investment Forum, Beijing, (speaker)

"Border Control − Selective Globalization and Transnational Dealmaking", June 18, 2018: The M&A Advisor's 2018 Global Corporate Growth Seminar, New York, (panelist)

"CFIUS and The Reform Initiative", April 13, 2018: American Bar Association (ABA) 2018 Business Section Spring Meeting, Acquisitions of Public Companies Subcommittee, (speaker)

Spring Series 2018: CFIUS and other FDI reviews – Hitting the wall and finding a way through, April 11, 2018: Frankfurt, (speaker)

American Conference Institute's 4th National Forum on CFIUS & Team Telecom, January 31, 2018, Washington DC, (conference co-chair); "Changes to CFIUS Reviews under the Trump Administration: The Outlook for FDI amid Shifting US Policy, Proposed Legislation and an Evolving Deal-Making Climate", (panel moderator)

"Cross-Border Deals – Protectionism and Inter-Jurisdictional Challenges", January 10, 2018: Credit Suisse 2018 Washington Perspectives Conference, (panelist)

"Economic Cooperation & Competition: US, China & Taiwan Perspectives", November 16, 2017: US-Taiwan Business Counsel public session, (panelist)

"National Security Reviews of Foreign Acquisitions", September 15, 2017: American Bar Association 2017 Business Law Section Annual Meeting, ABA Acquisitions of Public Companies Subcommittee, (speaker)

"Key CFIUS Developments: Lessons from Recent CFIUS Decisions and Implications of the New Administration", September 6, 2017: Strafford Publications Inc., (speaker)

"National Security Reviews and the New Protectionism", June 27, 2017: Deutsches Aktieninstitut M&A Conference, (speaker)

"Developing a Global Cross-Border M&A Filing Process: Dovetailing Your CFIUS Strategy with FDI Rules in Canada, the EU and China", February 1, 2017: ACI 3rd National Forum on CFIUS & Team Telecom, (speaker)

"The Promising Frontiers of US-Japan Cooperation in Defense Trade and Joint Development" , December 19, 2016: Hudson Institute's Science, Technology and the US-Japan Alliance Symposium, (speaker)

"Mergers and Acquisitions in the US Market", October 11, 2016: China Merchants Bank's China-US M&A Forum, (speaker)

"If I Told You I'd Have to Shoot You: Due Process in Foreign Investment Review", October 7, 2016: Canadian Bar Association Competition Law Fall Conference, (speaker)

"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 US", 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 US, 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 US", March 24, 2009: Strafford Publications Inc., (speaker)

Publications

Proposed Foreign Investment Scrutiny Adds to Fintech Deal Risk, CQ Roll Call, November 2019

Foreign Investment Review Heats Up Following CFIUS Reform, Bloomberg Law, October 2019

Chinese Walls – Transgressing borders between national security and technology protectionism – The reform of the CFIUS process through FIRRMA as well as latest initiatives in Germany and Europe, Die Aktiengesellschaft, 2019

How FIRRMA Changed National Security Reviews In 2018, Law360, December 17, 2018

CFIUS Reform Becomes Law: What FIRRMA Means for Industry, The M&A Journal, November 2018

CFIUS: FIRRMA Pilot Program Mandates Notification for Certain Critical Technology Transactions, The M&A Journal, November 2018

CFIUS: FIRRMA Pilot Program Covered Transaction Analysis Tool (whitecase.com/cfius-firrma-tool), White & Case, November 2018

National Security Reviews 2018: A Global Perspective, White & Case, 2018

FIRRMA: Proposed CFIUS Legislation Would Bring Significant Changes, The M&A Journal, February 2018

Navigating National Security Reviews Worldwide (2017), Reprinted in The M&A Journal, February 2018

Grenzkontrollen am Ende der Seidenstraßen (Border Controls at the End of the Silk Roads), Die Aktiengesellschaft, August 7, 2017

Reducing M&A Risks in Relation to National Security Reviews: Ring-Fencing as a Potential Solution, Business Law Magazine, June 8, 2017

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 and Recognition

Chambers Global

Chambers USA 

IFLR1000 2019 Notable Practitioner

The Best Lawyers in America: International Trade and Finance Law, 2020

Law360 2017 International Trade MVP

Top Lawyer, Washingtonian

Leading Lawyer in International Trade, The Legal 500 US 2019 

Global Elite Thought Leader, Who’s Who Legal in M&A and Governance 2019: Foreign Investment Review