J. Tyler McGaughey
Drawing upon years of government service across multiple administrations, Tyler’s practice focuses on representing clients in a wide array of white collar criminal and civil litigation matters, federal and state regulatory proceedings, internal investigations, and congressional investigations and hearings. He also advises investment funds and companies on national security laws and regulations, with a particular focus on matters involving the Committee on Foreign Investment in the United States.
Key Matters
CFIUS/National Security Filings
- Filed a Declaration with CFIUS on behalf of our client—a large, U.S. financial services company owned by a publicly-traded foreign insurance company—seeking approval of an investment in U.S. critical infrastructure assets located on U.S. military bases. CFIUS cleared the transaction at the end of the 30-day assessment period.
- Filed a Declaration with CFIUS on behalf of our client, a U.S. alternative asset manager ultimately owned by a foreign company, seeking approval to acquire certain infrastructure assets. CFIUS cleared the transaction at the end of the 30-day assessment period.
- Working with several co-investors, filed a Notice with CFIUS on behalf of our client—a large, U.S. financial services company owned by a publicly-traded foreign insurance company—to obtain approval for a minority investment in an energy storage project. CFIUS cleared the transaction at the end of the review period.
- Filed a Declaration and Notice for our client, a U.S. material science company, seeking foreign investment for its Series C funding round from a foreign multinational corporation. Successfully negotiated a mitigation agreement with the U.S. government and obtained a safe harbor letter at the end of the investigation period.
- Submitted a Change Condition package to the Defense Counterintelligence and Security Agency on behalf of our client, a U.S. alternative asset manager ultimately owned and controlled by a foreign citizen, who acquired a cybersecurity and data management company that performed on federal contracts and maintained a Facility Security Clearance.
National Security Advisory/Counseling Matters
- Performed CFIUS mandatory filing analysis for a railroad holding company client in connection with the acquisition of another transportation industry company.
- Performed a CFIUS mandatory filing analysis for an investment management client in connection with acquisition and financing of a solar generation project in Texas, which also involved an Asian foreign government-controlled entity.
- Counseled a U.S. renewable energy company on CFIUS filing obligations related to a joint venture with a foreign entity to develop manufacturing facilities for solar generation components.
- Performed export controls analysis on the sale of various products to foreign companies during a restructuring of an oil industry company.
- Performed CFIUS mandatory filing analysis and export controls analysis related to a business combination between our leading insurance technology company client and a Special Purpose Acquisition Company (SPAC).
- Advised a medical device manufacturer client on CFIUS filing obligations in relation to the company’s business combination with a SPAC.
- Performed international trade due diligence and a CFIUS mandatory declaration analysis for our Canadian private equity firm client in its acquisition of a direct marketing services company.
- Provided sanctions advice to a startup technology company.
- Provided a multinational mass media company client with legal advice relating to potential CFIUS and other foreign direct investment-related issues.
Other Matters
- Represented our client, a publicly traded Fortune 1000 company, in a large real estate transaction and related corporate acquisition. Provided the same client with legal advice relating to the Foreign Corrupt Practices Act, employment law, contracts, and regulatory matters.
- Represented an internet service provider at a Rule 60 hearing in the U.S. District Court for the Eastern District of Virginia.