Foreign Investment & National Security
Freshfields: FDI Risk Is Now a Deal-Terms Problem, Not Just a Filing Condition
Freshfields argues that foreign-investment controls now shape price, timing, remedies and risk allocation in sensitive cross-border M&A.
BY GEOPOLITICS DESK · JUNE 18, 2026 · 1 MIN READ
Freshfields argues that foreign-investment controls now shape price, timing, remedies and risk allocation in sensitive cross-border M&A. The analysis points to longer long-stop dates, FDI-specific warranties, targeted conditions precedent, remedy caps, reverse break fees and counsel-to-counsel information controls for sensitive data. This is a practical playbook for deal lawyers. National-security risk now belongs inside the SPA, diligence checklist and negotiation strategy from day one.