David Jividen joined White & Case as the firm’s CFIUS/Team Telecom Senior National Security Advisor, based in Washington. He has 30 years of national security experience, with the majority of those years focusing on his responsibilities serving as a key national security advisor within two major CFIUS and Team Telecom agencies. As Deputy Director for the Department of Defense’s (DOD) Foreign Investment Review (FIR) office, and as a senior attorney advisor at the Department of Justice (DOJ) National Security Division, David provided both transaction-specific and high-level strategic CFIUS and Team Telecom advice to DOD and DOJ political leadership. At a transactional level, he has a thorough understanding how to assess potential and actual national security risks arising out of CFIUS and Team Telecom transactions, and has assessed hundreds of CFIUS and scores of Team Telecom transactions for national security concerns. He possesses expert knowledge of the national security rationale behind the CFIUS and Team Telecom mitigation agreements and has personally negotiated over 50 mitigation agreements on behalf of DOD and DOJ. David was also responsible for monitoring over a hundred CFIUS and Team Telecom agreements in a myriad of industries, including companies developing emergent technologies. At both DOD and DOJ, he was responsible for planning and executing new mitigation monitoring procedures. Strategically, David was instrumental in providing the DOD position during the drafting of the CFIUS regulations following the passage of CFIUS reform statutes in 2007 and 2018. He also has collaborated with the Federal Bureau of Investigations (FBI) in developing DOD and DOJ CFIUS Non-Notified procedures. While at DOJ, he was the FBI’s non-notified assigned attorney, with the many of the FBI’s non-notified recommendations leading to divestment actions. While at DOD, he authored the first DOD CFIUS Instruction, thus providing the template on how to analyze and process CFIUS transactions. David was awarded the Secretary of Defense Medal for Exceptional Civilian Service and two DOJ National Security Division awards for excellence — all in recognition for his outstanding acumen in analyzing and mitigating the national security risks posed by investment transactions.
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The Committee on Foreign Investment in the United States (CFIUS) recently issued a new Frequently Asked Question (FAQ) that updates CFIUS’s interpretation of the "completion date" for a transaction, which represents a significant change for transaction parties that have for years relied upon (...)
