Defense, Homeland and National Security
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Covington has extensive experience representing clients before US homeland and national security agencies, and frequently counsels clients in various industries on diverse national and homeland security matters. Many of our senior lawyers have served in key homeland and national security decision-making positions, including former Secretary of Homeland Security Michael Chertoff. As Secretary, Mr. Chertoff led the 218,000 person Department of Homeland Security in promulgating many of the homeland security regulations that shape and inform industry obligations. He also spearheaded a national cyber security strategy and served on the National Security Council, the Homeland Security Council, and the Committee on Foreign Investment in the United States (“CFIUS”).
In the homeland security area, we have counseled clients in the chemical and maritime industries on compliance with security requirements under Department of Homeland Security regulations, and have assisted various clients in obtaining certification under the federal SAFETY Act of security-related products. SAFETY Act certification provides protections and limitations from liability for our clients and their customers in the event of a terrorist incident. We also have worked closely with leading software and network security companies on various cyber security initiatives, including cooperative engagement with US government agencies. We have particular expertise in developing cyber and information security programs to meet regulatory requirements and minimize legal risk.
In the national security area, our diverse work includes advising clients on high-stakes commercial investments requiring national security reviews by CFIUS; applying for, retaining, and defending challenges to facility security clearances; negotiating and implementing structures to mitigate and comply with the restrictions on foreign ownership, control, and influence (“FOCI”) set forth in the National Industrial Security Program Operating Manual (“NISPOM”) governing facility security clearances; and responding to national security letters and other demands for information under the USA Patriot Act. We also represent clients in procurement bids and negotiations for construction, security, transportation, banking and energy services in sensitive regions, including former conflict zones.
We likewise have extensive experience representing clients in high-profile criminal and Congressional investigations related to national security. Several of our lawyers are well-versed in the criminal and First Amendment implications of the handling and publication of classified information, as well as the proper treatment internally of law enforcement and intelligence-related requests for access to information.
Representative Matters
- Counsel on CFIUS transactions in chemical, defense, energy, infrastructure (e.g., ports), software, and telecommunications sectors (among others).
- Advice to defense clients and a leading university-affiliated national laboratories on NISPOM compliance, including mitigation of FOCI.
- Represent leading foreign and US software security firms before the National Security Agency, Department of Homeland Security and other US government security agencies.
- Design and implement security programs for leading software, technology, and telecommunications companies.
- National Football League - Representation in obtaining SAFETY Act Certification for stadium security program.
- Province of British Columbia - Advice on the application of the USA Patriot Act to records held in Canada.
- Los Alamos National Labs - Representation in Congressional investigation into alleged national security lapses.
- Advice to technology and financial institution clients on compliance with National Security Letter requests.
- Representation of airline industry client in national security investigation by the Transportation Security Administration.
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