New practice will help dealmakers navigate national security requirements set by CFIUS and FIRRMA.
NEW YORK/WASHINGTON, DC – 12 February 2020 – K2 Intelligence and Financial Integrity Network (FIN) today launched CFIUS Advisory Services, the first significant offering by the combined entity since merging in September 2019. This offering will be dedicated to helping a broad range of dealmakers with investments, mergers, and acquisitions that implicate the Committee on Foreign Investment in the United States (CFIUS) and foreign investment review mechanisms outside of the United States.
With CFIUS Advisory Services, K2 Intelligence FIN will assist a broad range of clients including law firms, private equity and other institutional investors, financial institutions, strategic acquirers, sellers, and acquisition targets with respect to matters falling within the scope of CFIUS, particularly as investors and acquisition targets seek to navigate the new regulations promulgated by CFIUS to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The K2 Intelligence FIN teams are experts in the CFIUS process and related U.S. regulations as well as the existing or developing national security review regimes in other countries, including the UK, Germany, Canada, and Australia. These new services build on the deep, industry-leading expertise within the combined firm to help clients manage financial and economic security risks.
“In an increasingly global business and investment world, complying with regulation is not a new challenge, but one that is becoming more complex,” said Robert Brenner, Chief Operating Officer and Chief Legal Officer of K2 Intelligence FIN. “As CFIUS and FIRRMA bring national security to the forefront of investment decisions, entities will need a fresh set of eyes to examine transactions both large and small. Our deep investigative acumen and independent fact-finding, coupled with professionals who helped shape these rules in government, will help clients across industries and sectors identify, mitigate, and monitor risks, encouraging more successful outcomes across the board.”
K2 Intelligence FIN professionals will assist clients in all phases of the CFIUS review process, including transaction assessment, mitigation and remediation, and monitoring and compliance. The new practice will work closely with the firm’s interdisciplinary team of experts made up of former U.S. government officials including those from key CFIUS agencies such as the Department of the Treasury, Department of Justice, Department of State, Department of Commerce; policy and decision-making bodies at the White House such as the National Security Council and National Economic Council; and former regulators, law enforcement and intelligence professionals, prosecutors and attorneys in private practice, compliance officers, technology experts, forensic accountants, and cybersecurity experts. The team has extensive experience assessing and mitigating risks stemming from a broad range of investment transactions involving defense, technology, artificial intelligence, energy, and other sectors.
“As national economic security concerns create more demands on investment and financial transparency, there is a premium on the ability of investors, banks, and commercial actors to understand and assess the security implications of their investments and to manage that risk proactively,” said Juan Zarate, Co-Founder and Chair of FIN. “The emphasis placed on foreign investment reviews and CFIUS demonstrates how national security has become a critical part of the global business ecosystem. As rules, regulations, and risks change over time, organizations can rest assured that there are dedicated professionals in our firm who can manage the complex policy, regulatory, and enforcement environment unfolding. We are excited to launch our CFIUS Advisory Services to help guide our clients through the challenges to come and to keep them ahead of the curve.”