Foreign Ownership of U.S. Real Estate: Increased Government Scrutiny, Administrative Obligations, and Penalties

Mr. Davis’ practice focuses on U.S. law and policy affecting international trade and business. He advises clients on foreign investment, export controls, sanctions, anticorruption, and customs laws. Mr. Davis’ practice focuses on representing clients in the merger, acquisition and divestiture process before the CFIUS and on accounting for associated risks. He also advises clients in negotiating and implementing CFIUS mitigation agreements, developing and administering international trade compliance programs .and conducting internal investigations. 

Ms. Padgett’s practice focuses on a variety of international trade matters, including CFIUS reviews, export controls, economic sanctions, national security and litigation strategy in international investment and arbitration. Prior to joining the firm, Ms. Padgett successfully served for nine years in the Office of the Legal Adviser (L) at the U.S. Department of State, including as the department’s lead CFIUS lawyer and principal lawyer on international investment matters. Additionally, she represented the State Department in interagency policy-making processes and worked closely with senior officials at the NSC, USTR, the departments of Justice, Defense, Treasury, Commerce and Homeland Security, and other federal agencies. Ms. Padgett was instrumental in advising State Department principals on CFIUS national security reviews of transactions, mitigation agreements, litigation strategy and congressional inquiries. She advised policy clients, including officials in the State Department’s Bureau of Political-Military Affairs, on compliance issues under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), including in connection with foreign military sales and export licenses for direct commercial sales.

Mr. Sensenig is an associate in the International Trade Group and focuses his practice on global FDI (foreign direct investment) and US National Security regulations affecting cross-border transactions, including CFIUS (Committee on Foreign Investment in the United States), Team Telecom (Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector), FOCI (foreign ownership, control, and influence) mitigation, and the new US OIP (Outbound Investment Program). As a part of this practice, he regularly counsels sovereign wealth funds, private equity firms, and multinational corporate organizations regarding US national security aspects of foreign investment, including due diligence, transaction structuring, regulatory approvals, and mitigation negotiation. Mr. Sensenig also routinely coordinates across the Firm's global network to conduct multijurisdictional FDI due diligence and to submit ex-US FDI filings.