Nathan Mitchell is a distinguished partner in the Litigation Department, specializing in a wide array of national security matters. His expertise encompasses critical areas such as reviews by the Committee on Foreign Investment in the United States (CFIUS), the Defense Counterintelligence and Security Agency (DCSA), and Team Telecom. Furthermore, Mitchell provides counsel on U.S. export controls and economic sanctions, drawing upon significant experience in both U.S. government and private sector roles.
A Recognized Authority in CFIUS Expertise
Chambers has identified Nathan Mitchell as an “Up and Coming” CFIUS expert, with clients attesting to his ability to “think with a regulatory overlay and can explain matters easily regarding CFIUS risks.” His contributions have also been acknowledged by The Legal 500, and in 2021, Law360 recognized him as a Rising Star in CFIUS and international trade.
Extensive Government Experience
Prior to his private sector career, Nathan served as a lawyer for the U.S. Army within the Office of the Army General Counsel in both active duty and civilian capacities. He later held the position of associate general counsel in the Office of the Director of National Intelligence (ODNI). His government service also includes a tenure as a staff attorney in the Department of Justice’s National Security Division, specifically within the Foreign Investment Review Section. A key achievement during his government service was his involvement in developing ODNI’s input for the Foreign Investment Risk Review Modernization Act of 2018. This landmark legislation significantly enhanced and modernized CFIUS operations. Mitchell also reviewed numerous transactions as a member of CFIUS.
Advising Diverse Private Sector Clients
In the private sector, Nathan advises a broad spectrum of clients, including U.S. and foreign private equity sponsors, as well as U.S. and foreign companies across various industries. His representative experience highlights his involvement in high-stakes transactions, including:
- NortonLifeLock in its $25 billion combination with Avast.
- Hellman & Friedman and Bain Capital in their $17 billion acquisition of athenahealth.
- Toshiba in connection with its $15 billion acquisition by Japan Industrial Partners.
- Zayo Group Holdings, Inc., in its $14.3 billion acquisition by affiliates of Digital Colony Partners, LP, and EQT Infrastructure IV.
- Hellman & Friedman in its $10 billion acquisition of Zendesk.
- GlobalLogic in its $9.5 billion sale to Hitachi.
- Dassault Systèmes obtaining CFIUS approval for its $5.8 billion acquisition of Medidata Solutions, Inc.
- EQT Infrastructure in its $5.3 billion acquisition of Covanta Holding Corporation.
- Capgemini obtaining CFIUS approval for its $4.1 billion acquisition of Altran.
- Apax Funds in their acquisitions of ThoughtWorks, Infogain, and a majority stake of the Herjavec Group.
- Ares Management Corp in its acquisition of a majority stake in Apex Clean Energy.
- Patient Square Capital in its acquisition of Summit BHC.
- ORIX Capital Partners and its portfolio company Specialty Weldings and Turnarounds, LLC, in their acquisitions of Hydroprocessing Associates, LLC, and Midwest Cooling Tower Services.
- Hewlett Packard Enterprises in connection with its $1.3 billion acquisition by Cray Inc.
- NXP Semiconductors N.V. in its $1.76 billion acquisition of Marvell Technology Group Ltd.’s wireless connectivity portfolio.
- DSV A/S in its $4.6 billion acquisition of The Panalpina Group.
- First Solar, Inc., in the sale of a portfolio of development-stage solar projects to a group of investors led by EDP Renewables North America LLC, a subsidiary of Energias de Portugal, S.A.
- ADTRAN in its business combination with ADVA, valued at over $2 billion.
- KEMET Corporation in its $1.8 billion acquisition by Yageo Corporation.
- The PURE Group of Insurance Companies in the $3.1 billion acquisition of Privilege Underwriters, Inc., by Tokio Marine Holdings, Inc.
- Wendel and Allied Universal in Wendel’s sale of a minority stake in Allied Universal to Caisse de dépôt et placement du Québec.
- WeWork Companies Inc. in connection with investments by Softbank Group Corp.
- Leonardo DRS in the CFIUS, DCSA and ITAR aspects of its $3 billion merger with RADA and simultaneous public listing.
Nathan Mitchell’s extensive experience and recognized expertise make him a pivotal advisor for companies navigating complex national security and foreign investment landscapes. His ability to bridge government insight with private sector needs ensures clients receive comprehensive and effective counsel. For businesses involved in international transactions requiring regulatory approval, understanding Nathan Mitchell’s capabilities is crucial for success.