In some instances, these risks may be addressed by terms in the agreement, while in others they may result in a change in valuation. On some occasions, the risks may be of such a nature that the deal is no longer viable.

We have substantial experience advising on deals involving public contracts. Our work includes the following:

• Identifying and addressing risks during the due diligence phase
• Drafting transaction terms and conditions tailored for the government contracts environment
• Resolving Foreign Ownership Control and Influence (FOCI) concerns

Our attorneys have experience with negotiating FOCI mitigation plans and the process for obtaining and/or maintaining U.S. security clearances. In addition, we have successfully guided numerous transactions through the Committee on Foreign Investment in the United States (CFIUS) review process.

Following a successful transaction, we can help your company achieve a seamless transition of your business, including retention of size status and guidance through the novation process.