David Jackson is a corporate lawyer in New York with 16 years of experience advising Chinese and international clients on foreign investment reviews, cross-border M&A, and US regulatory compliance matters before CFIUS and other federal agencies. He is admitted to the Bar of the State of New York and is a member of the American Bar Association's International Law Section.

Professional Background

Mr. Jackson earned his Juris Doctor from Columbia Law School in New York and his Bachelor of Arts in International Relations from Georgetown University. He began his career at a leading international law firm in New York, where he spent eight years developing his expertise in cross-border transactions and national security reviews before joining a boutique firm specialising in CFIUS matters. He has represented Chinese clients in some of the most significant cross-border transactions involving US national security review in recent years.

He is a frequent speaker on CFIUS developments and has published articles on foreign investment review in leading legal journals. He holds a security clearance and has completed advanced training in US export control regulations administered by the Bureau of Industry and Security (BIS).

Practice Focus

Mr. Jackson concentrates his practice on representing Chinese investors before the Committee on Foreign Investment in the United States (CFIUS), cross-border M&A transactions, and US market entry strategies. He advises technology, infrastructure, and financial services clients on national security review processes and mitigation agreements. His practice covers the full spectrum of CFIUS work, from jurisdictional analysis and voluntary notice preparation through mitigation agreement negotiation and ongoing compliance monitoring.

• ⚖️ CFIUS notification and clearance proceedings
• 🛡️ Cross-border M&A and corporate structuring
• 📜 Mitigation agreement negotiation and compliance
• 💼 US regulatory compliance for foreign investors
• 📋 BIS export control and sanctions compliance

Representative Experience

• Led CFIUS clearance strategy for a Chinese technology company acquiring a US semiconductor design firm, successfully negotiating a mitigation agreement addressing technology transfer and governance concerns
• Advised a Chinese infrastructure investor on CFIUS risk assessment for a US port facility investment valued at over US$500 million
• Represented a Chinese private equity fund in preparing and filing a CFIUS voluntary notice for the acquisition of a US healthcare data analytics company

Working Method

Mr. Jackson takes a strategic, risk-oriented approach to CFIUS matters, advising clients from the earliest stages of transaction planning to ensure that deal structures are designed with US national security review requirements in mind. He coordinates multi-disciplinary teams spanning trade, antitrust, and sector-specific regulatory experts to deliver comprehensive transaction support. He emphasises early engagement and proactive risk assessment to identify potential national security concerns before they become obstacles to transaction completion.

Client Considerations for Chinese Companies

Chinese investment in the United States continues to face heightened CFIUS scrutiny across technology, infrastructure, and data-sensitive sectors. The Foreign Investment Risk Review Modernization Act (FIRRMA) expanded CFIUS jurisdiction to cover non-controlling investments in certain technology sectors, real estate transactions near sensitive US government facilities, and investments that could result in foreign access to material non-public technical information. Mandatory declarations are required for certain technology sector investments where the foreign investor obtains certain governance rights.

Mitigation agreements have become a standard feature of CFIUS practice, imposing ongoing compliance obligations including corporate governance requirements, data access restrictions, supply chain security measures, and regular reporting to US government monitors. Chinese investors should factor CFIUS timeline and risk allocation provisions into transaction agreements from the outset.

Early engagement with CFIUS counsel is essential for Chinese investors. A well-prepared filing with appropriate mitigation strategies can significantly reduce review timelines and achieve more predictable outcomes. Transaction structures should be designed with CFIUS risk in mind from the outset.

Education and Qualifications

• JD, Columbia Law School
• BA International Relations, Georgetown University
• Admitted to New York State Bar
• Member, American Bar Association International Law Section

Local Context

New York remains the primary US gateway for Chinese outbound investment, with extensive legal, financial, and advisory infrastructure supporting cross-border transactions. The city hosts the headquarters of major Chinese banks, investment funds, and corporate representatives, and its legal market offers unparalleled expertise in CFIUS matters and cross-border M&A. Mr. Jackson draws on this ecosystem to deliver comprehensive transaction support for Chinese clients.

Languages

• English (native)
• Mandarin Chinese (conversational)

Professional Memberships

• American Bar Association, International Law Section
• New York State Bar Association
• US-China Business Council

Key Publications

• "CFIUS Reform and Its Impact on Chinese Investment in the United States" — Columbia Journal of Transnational Law, 2024
• "Navigating Mitigation Agreements: A Practical Guide for Foreign Investors" — ABA International Law News, 2023