Background - Practices (Details)

National Security

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Business today is global and digital. The rapid, cross-border movement of data, currency, goods, people, and services requires companies of nearly every size to navigate new and incredibly complex challenges, including a range of emerging national security issues. And, as the nature of adversaries and threats evolve – from more conventional warfare to tactics that include targeting private sector actors through investment, cyber intrusion, and human vulnerabilities – the Government’s national security interests and defenses evolve as well, broadening the scope of activities that trigger national-security related concerns and requirements.

Our National Security team is built for this mission, with a uniquely multi-disciplinary and nimble approach. We partner with our clients to anticipate national security hurdles that may affect any business opportunity or transaction, finding pragmatic and business-oriented solutions, and reaching swift and favorable resolutions when problems arise.

Our former senior government officials include attorneys who have served in senior Defense, Intelligence, Justice, Treasury/OFAC, FinCEN, Trade, Investment, National and Homeland Security positions, including: Deputy U.S. Trade Representative, DEA Acting Administrator, Acting United States Attorney, FBI chief of staff, DHS chief of staff, ICE chief of staff, First Assistant Attorney General, counsel to the Senate Judiciary Committee, chief counsel to FinCEN, senior Treasury Department attorney, Staff Director to the Senate Caucus on International Narcotics Control, and a slew of former federal prosecutors.

From Washington, DC and New York to Los Angeles and London, and from San Francisco to Shanghai and Brussels, our National Security practice has the reach and expertise to tackle virtually any National Security issue facing businesses operating in today’s global and digital economy.

Current national security issues include nation-state cyber-attacks and related cybersecurity issues, economic and related-espionage, foreign investment/CFIUS review and due diligence, obtaining, processing, and transferring sensitive information, computer vulnerability identification and disclosures, contracting with the government in sensitive sectors (including on classified programs), export/import controls matters, sanctions advice and analysis, engaging with U.S. law enforcement and intelligence officials, and responding to government demands such as FISA warrants. 

Related Services

 

  • Reviews by the Committee on Foreign Investment in the U.S. (CFIUS). We counsel both buyer and seller corporate clients on managing the many formal and informal considerations involved in obtaining CFIUS clearance. In doing so, we rely on our experience in the relevant government agencies and strong relationships within these agencies.  We engage in ongoing rulemaking around revisions to the CFIUS regime, Congressional oversight and support clients in the evolving investment review regimes across borders.   
  • Anti-Corruption. We handle a range of anti-bribery enforcement and compliance matters for clients in the U.S. and abroad including internal investigations, defending DOJ and SEC investigations, performing due diligence in corporate transactions, conducting risk assessments, and designing and implementing compliance and ethics programs.
  • Export Controls and Sanctions. We advise on the full range of export control and sanctions laws governing exports and re-exports of goods, technology, software, and services. Our full-service international policy and regulatory affairs affiliate Crowell & Moring International assists clients in gaining access to markets around the globe. In addition, we are available to assist with strategic, long-term reviews of technology.
  • Cybersecurity and Data Privacy. We guide clients through the myriad federal, state, and international laws governing the collection, use, transfer, and protection of data, including responses to data breaches. We regularly counsel clients in understanding and meeting cybersecurity requirements unique to the national security space, and we represent clients faced with security breaches involving sensitive government information, systems, and programs, including those linked to Advanced Persistent Threats (APTs) and other foreign actors.  We also help our clients navigate information sharing arrangements in all forms.
  • Government Contracts. We cover virtually every variant of national security issues facing government contractors, including: the National Industrial Security Program and NIST/Insider Threats; classified contract suspension and debarment, including the U.S. military’s vendor vetting process; classified and national security litigation, including protests and contract claims and appeals; investigations; and counseling. 
  • National Security Policy, Legislation, and Regulation.  We actively monitor and engage in proceedings, hearings and advise clients on the evolving Congressional and Executive branch oversight and review of investment, export, sanctions, and cybersecurity matters affecting national security, investment, supply chains, and trade.