Malcolm J. (Mick) Tuesley

Malcolm “Mick” Tuesley, Head of the Firm’s National Security Regulatory Practice, has significant experience representing clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS) and assisting clients with related issues, including mitigation of foreign ownership, control or influence (FOCI) under industrial security regulations; export control compliance; and government contracting. He has been involved with negotiating national security agreements for some of the largest and most complex transactions in the defense, energy, financial services, telecommunications and technology industries.

Mick has also served as regulatory counsel to several major broadcast networks in connection with the FCC’s media ownership review proceedings. He has also advised on all aspects of FCC regulations affecting broadcast and cable television and assisted on legislative matters. Mick has substantial experience representing clients before various committees of the U.S. Congress. Mick was named a Law360 “MVP” for International Trade in 2019. He is consistently recognized by Chambers USA (Band 1) and Chambers Global, where commentators note his “good sense of both CFIUS and corporate law.” Sources cite that Mick is “a very knowledgeable lawyer and can navigate tricky situations,” “always has his finger on the pulse,” “has very good judgement and is very cool, calm and collected,” “is very good at understanding [a client’s] perspective and giving advice,” and “is one of the guiding lights of the CFIUS bar.” He is also consistently recognized by The Legal 500, where sources call him “outstanding” and “an expert in FOCI mitigation issues and a creative problem solver.”

Since joining the Firm, Mick has provided CFIUS- and foreign direct investment-related advice on several significant cross-border transactions, including:

• Consortium of investors including Blackstone, The Carlyle Group and Hellman & Friedman in connection with worldwide regulatory approvals for an investment in Medline Industries valued at over $34 billion
• Microsoft with respect to worldwide regulatory approvals for its acquisition of Nuance Communications for approximately $19.7 billion
• PPD with respect to worldwide regulatory approvals in connection with its sale to Thermo Fisher Scientific for approximately $20.9 billion
• Sprint in navigating three significant regulatory reviews related to foreign ownership in one of the largest and most complex transactions in the wireless industry; the transaction was recognized as “Deal of the Year” at The Deal Awards 2021
• Refinitiv in obtaining CFIUS clearance of its acquisition by the London Stock Exchange Group for $27 billion
• Versum Materials in connection with CFIUS review of its acquisition by Merck KGaA, Darmstadt, Germany for $6.5 billion
• Cypress Semiconductor in securing CFIUS approval of its merger with Infineon Technologies for $10.1 billion 
• Macquarie Infrastructure and Real Assets, a division of Macquarie Asset Management, in obtaining CFIUS clearance of the $1.78 billion acquisition of Long Beach Container Terminal  
• Blackstone in connection with CFIUS review of its purchase of controlling interest in Tallgrass Energy
• Oaktree Capital Group, LLC in connection with CFIUS review of its agreement to sell 62% of its business to Brookfield Asset Management Inc.
• Hellman & Friedman in connection with its acquisition of Ultimate Software for $11 billion
• Genesee & Wyoming Inc. in connection with its sale to affiliates of Brookfield Infrastructure and GIC in a transaction valued at approximately $8.4 billion

Experience prior to joining the Firm includes the representation of:

• Hewlett Packard Enterprise Company with the CFIUS aspects of its $8.8 billion sale of its software business to Micro Focus International plc
• Apex Technology Co., Ltd. As a member of a buyer consortium in its $4 billion acquisition of Lexmark International Inc., the second-largest outbound acquisition in the technology sector every completed by a Chinese investor and the third-largest U.S. public takeover ever completed by a Chinese investor (named one of China Business Law Journal’s 2016 Deals of the Year)
• Intel Corporation in its $4.2 billion joint venture with TPG Capital to form McAfee
• The AES Corporation and Alberta Investment Management Corporation (AIMCO) in their acquisition of sPower for $1.6 billion
• Sprint Nextel in its $21.6 billion sale to SoftBank Corporation (recognized as the “Global M&A Deal of the Year: Grand Prize” by The American Lawyer and in the Corporate and Commercial category in the Financial Times’ 2013 U.S. “Innovative Lawyers” report) and its $2.2 billion acquisition of the 50% stake in Clearwire Corporation
• Blackberry in connection with compliance issues regarding access to classified information, Defense Security Service compliance issues and evaluation of potential transactions

Mick received his J.D., cum laude, from Indiana University, Maurer School of Law and his B.S.B. with honors and distinction, from Indiana University, Kelley School of Business. He currently serves as a member of the Bladder Cancer Advocacy Network’s Board of Directors. Mick is admitted to practice in the District of Columbia, Illinois and Indiana.