Simpson Thacher & Bartlett LLP

A destination practice for acquisitional private equity clients, Simpson Thacher & Bartlett LLP represents some of the world’s largest asset managers in CFIUS matters such as Blackstone, KKR and Carlyle. The group, which scores highly for its ‘understanding of not only CFIUS but FDI regimes around the world’, also acts for multinational corporations, investors and sovereign wealth funds on high-stakes reviews. Its breadth of industry expertise is equally comprehensive and spans some of the market’s most sensitive business segments, including technology, energy, infrastructure, defense and aerospace. Highlighted as ’one of the CFIUS bar’s senior leaders’, Malcolm (Mick) Tuesley heads the national security regulatory practice; he recently obtained CFIUS approval for Australia-headquartered IFM Investors in connection with its $11bn take-private, together with DigitalBridge Group, of US data center company, Switch. Promoted to partner in early 2023, Mark Skerry is already noted for his ‘dynamic understanding of the subject matter’. Among his recent highlights, Skerry led the national security advice to a consortium of investors—led by Blackstone and including sovereign wealth funds, Abu Dhabi Investment Authority and GIC—in the $14bn acquisition of a majority stake in the Climate Technologies business of Emerson Electric. The Washington DC-based team also includes talented associate Jennifer Ho.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

‘The STB team is truly exceptional and the best in the market. Its understanding of not only CFIUS but FDI regimes around the world, and the political context, means it is unparalleled in providing astute advice.’
‘The team’s sharing of knowledge and desire to understand insights from around the globe means it is a repository of what is market practice. In addition lawyers look for, and find, innovative solutions and paths through regulatory approvals processes.’
‘Malcolm Tuesley is extremely strong. A long-time veteran of the space, there is nothing Malcolm hasn’t seen. I rely on his experience as one of the CFIUS bar’s senior leaders.’
‘Mark Skerry is a leading individual globally. We deal with numerous global law firms. Mark's desire to work collaboratively to develop innovative regulatory strategies is second to none. He is also a complete delight who understands and appreciates the confines and technicalities of jurisdictional FDI issues.’
‘Very high professional skills, very pragmatic approach to the CFIUS regulation, very good understanding of the regulator's approach and expectations and strong ability to navigate the proceeding to deliver a result. Tier-one service.’
‘STB’s practice is very strong. CFIUS is very much a small universe where it’s important “who you know” and the law is more art than science. STB is extremely well connected and works for many major clients, which is huge because it provides more insight into a very black-box process than most firms.’
‘Mark Skerry is a star. Recently promoted to partner, but provides services of a veteran of decades of practice. I rely on Mark to, in some senses, operate as my right hand and almost another in-house counsel with me. He manages local counsel where appropriate, and escalates to me where necessary.’
‘The practice has a team of subject matter experts, like Mark Skerry, who possess a dynamic understanding of the subject matter and significant practical experience. Mark Skerry is accessible, easy to work with and is highly experienced.’

Key clients

Blackstone
Goldman Sachs Group
KKR & Co.
EQT AB
The Carlyle Group
Microsoft Corp
Cisco Systems
T-Mobile
CBRE Group
L3Harris Technologies
Tallgrass Energy Partners
SK Group
IFM Investors
Silver Lake Partners
Hellman & Friedman
Neuberger Berman Group
Macquarie Infrastructure and Real Assets (Macquarie Group)
Primavera Capital Group
Stonepeak Infrastructure Partners
Stone Point Capital
Corsair Capital
Baring Private Equity Asia
New Mountain Capital
Global Infrastructure Partners
Oakley Capital
Antin Infrastructure Partners
BC Partners
Melrose Industries

Work highlights

Represented IFM Investors in securing CFIUS approval for the $11bn take-private, together with DigitalBridge Group, of Switch.
Advised a consortium of investors, led by Blackstone and including Abu Dhabi Investment Authority and GIC, in its acquisition of a majority stake in the Climate Technologies business of Emerson Electric.
Advised TD Bank Group on its $1.3bn acquisition of Cowen.