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Covington frequently counsels our domestic and international clients on regulatory, judicial, and legislative matters related to US homeland and national security. Our lawyers have extensive expertise representing clients before the national security agencies in the United States, with many of our senior lawyers having served in key national security decision making positions. We specialize in assisting clients on sensitive business, investigatory, and regulatory compliance challenges related to homeland and national security.
Covington’s work on security-related includes frequent advice on high-stakes commercial investments requiring national security reviews by the Committee on Foreign Investment in the United States (“CFIUS”). We assist clients in conducting pre-transaction due diligence, forming and executing political strategies related to Congressional interests in sensitive foreign investments, navigating CFIUS reviews, and negotiating and complying with security agreements to mitigate the risk of foreign ownership, control, and influence, including in cases involving classified contracts.
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.
We regularly work with clients on diverse national and homeland security matters. Among other things, we advise clients on applying for, retaining, and defending challenges to facility security clearances; counsel clients on responding to national security letters and other demands for information under the Patriot Act; represent clients in procurement bids and negotiations for construction, security, transportation, banking and energy services in sensitive regions, including former conflict zones; and assist clients in developing business opportunities in the homeland security area by tracking budget and appropriations processes.
Representative Matters
- Global Crossing, IBM, and British Telecom (among others) - Obtaining CFIUS approval for high-profile transactions.
- Province of British Columbia - Advice on the application of the 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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