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Drew Svor is a partner in the firm’s Washington, D.C. office and serves as a member of the firm’s Telecom, Space & Satellite, CFIUS and AI Teams, as well as the D.C. office’s recruiting co-chair.

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these issues intersected when the court was forced to weigh national security-related approval conditions imposed by the Committee on Foreign Investment in the United States (“CFIUS”) against the buyer’s stringent contractual closing obligations.Continue Reading Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

On March 12th, 2025, the Federal Communications Commission (“FCC”) issued a Public Notice (“Notice”) seeking comment on which FCC rules should be repealed or modified to alleviate “unnecessary regulatory burdens” and enhance investment and innovation in telecommunications networks. Along with inviting general feedback on which rules to eliminate, the Notice also urges commenters to consider several policy factors in their analysis, including:Continue Reading ALERT: Delete, Delete, Delete—FCC Calls for Comment on Which Rules Should be Eliminated

On December 10, 2024, the FCC’s Enforcement Bureau (“Bureau”) released an order (“Order”) determining that nearly 2,500 providers across the calling chain had submitted deficient submissions to the Commission’s Robocall Mitigation Database (“RMD”). Providers listed in the Order have until December 31, 2024, to cure the identified deficiencies, or otherwise explain why they should not be removed from the RMD, and notify the Bureau.Continue Reading ALERT: FCC Sets December 31, 2024 Deadline for Providers to Address Robocall Mitigation Database Deficiencies

In October 2020 and 2021, the FCC adopted a pair of Orders to streamline the processing of applications involving “reportable” foreign ownership that are referred to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector—commonly known as “Team Telecom.” Team Telecom is tasked with assessing the national security, law enforcement, foreign policy, and trade policy concerns presented by FCC applications seeking licensing authority or approval for cross-border M&A transactions.Continue Reading ALERT: Team Telecom Streamlining Procedures Take Effect

Last week, the FCC’s Enforcement Bureau (“Enforcement Bureau”) entered into a consent decree (“Consent Decree”) with prepaid calling provider TracFone Wireless (“TracFone”), addressing TracFone’s failure to adequately safeguard customer proprietary network information (“CPNI”). In the Consent Decree, TracFone agreed to pay a $16,000,000 civil penalty along with a series of comprehensive directives to mitigate network vulnerabilities. Continue Reading Burners and Backdoors: The FCC’s $16 Million Settlement with TracFone for Breaches of Customer-Facing APIs

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions. Bridging a perceived gap between CFIUS’ mandate to safeguard U.S. national security and foreign investment in the U.S. real estate market, the U.S. Department of Treasury recently issued a Notice of Proposed Rulemaking (NPRM) that would strengthen CFIUS’ jurisdiction over real estate transactions. Specifically, the NPRM would greatly expand the list of military installations that could raise national security concerns, empowering CFIUS to review transactions involving the surrounding real estate; and expand the term “military installation” to encompass a larger number of sensitive facilities. These proposed changes are in response to a recent comprehensive assessment conducted by the Department of Defense regarding its military installations, and reflect the perception that real estate transactions in close proximity to sensitive USG facilities may convey strategic advantages to U.S. adversaries.Continue Reading Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the FCC continues to exercise close oversight of the use of Customer Proprietary Network Information (“CPNI”), telecom stakeholders should also be sensitive to potential data security obligations under any relevant mitigation agreements with “Team Telecom,” the collection of Executive Branch agencies tasked with reviewing and resolving any national security implications related to foreign ownership of telecom providers.Continue Reading Data Security Is National Security: Inside the FCC Enforcement Bureau’s Latest Crackdown

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many transaction parties may be unaware of CFIUS’s jurisdiction to also review the national security risks presented by real estate transactions involving foreign persons. Because real estate transactions do not trigger CFIUS’s mandatory filing requirements, it is uncommon for transaction parties to proactively seek CFIUS review of these deals.Continue Reading Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

The FCC – in the latest iteration of its expanding role as a regulator in the national security space – recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to fortify the security of the wireless supply chain by imposing heightened requirements on the Telecommunication Certification Bodies (“TCBs”) and Measurement Facilities (“Test Labs”) that approve devices marketed and sold in the U.S.Continue Reading FCC to Strengthen Equipment Authorization Process to Protect U.S. National Security