Covington has extensive experience counseling clients on defense and national security, homeland security, and export control matters, including representing clients before the US government agencies that administer the laws and regulations in these areas. Many of our senior lawyers and professionals have served in key homeland and national security positions, including former Secretary of Homeland Security Michael Chertoff. As Secretary, Mr. Chertoff led the 218,000-person Department of Homeland Security as it promulgated many of the homeland security regulations that shape and inform industry obligations. He also spearheaded a national cybersecurity strategy and served on the National Security Council, the Homeland Security Council, and the Committee on Foreign Investment in the United States (“CFIUS”). We also count among our ranks former top officials of the Departments of State, Commerce, Defense, and Treasury.
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, which provides protections and limitations from liability in the event of a terrorist incident. We also have worked closely with leading software and network security companies on various cybersecurity initiatives, including cooperative engagement with US government agencies. We have particular expertise in developing cybersecurity and information security programs to meet regulatory requirements and minimize legal risk.
Our diverse national security-related 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”); 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, communications, information technology, security, transportation, banking, and energy services in sensitive regions.
More broadly with respect to government contracts, we represent defense contractors in the full range of matters concerning government contract procurement and performance, including strategic procurement planning and lobbying, bid protests and claims, compliance and regulatory issues, internal fraud investigations and disclosures, suspension and debarment, and transactional counseling.
In the export control area, we have a leading practice counseling clients in all aspects of compliance with the International Traffic in Arms Regulations (“ITAR”), which is administered by the Department of State, Directorate of Defense Trade Controls (“DDTC”). The advice and assistance we provide in this area includes establishing product/technology jurisdiction; obtaining licensing and license agreements for complex transactions; establishing or bolstering internal compliance programs; providing training; and investigating, reporting, and navigating enforcement matters. We also represent clients with respect to the dual-use export controls of the Export Administration Regulations (“EAR”), administered by the Department of Commerce, Bureau of Industry and Security (“BIS”); and the nuclear export controls administered by the Department of Energy (“DOE”) and Nuclear Regulatory Commission (“NRC”). We regularly interact with and appear before the key agencies, including DDTC and BIS.
We likewise have extensive experience representing clients in high-profile criminal and Congressional investigations related to national security and national defense. 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
- Served as counsel on CFIUS transactions in chemical, defense, energy, critical infrastructure (e.g., ports), software, and telecommunications sectors (among others).
- Advised defense clients and a leading university-affiliated national laboratory 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.
- Represent Los Alamos National Labs in Congressional investigation into alleged national security lapses.
- Represent defense and aerospace companies in enforcement investigations and related export licensing initiatives before the State Department’s DDTC.
- Design and implement security programs for leading software, technology, and telecommunications companies.
- Advise technology and financial institution clients on compliance with National Security Letter requests.
- Advise companies involved in defense-related mergers and acquisitions on compliance with notice and other provisions of the ITAR, and conduct related due diligence.
- Represent an airline industry client in national security investigation by the Transportation Security Administration.
- Represent a defense contractor in debarment proceedings before the U.S. Army debarment and suspension official.
- Filed protest to Government Accountability Office concerning procurement of Pentagon computer systems.
- Represent a US defense contractor in litigation raising issues of first impression concerning sales of classified microprocessors under Arms Export Control Act (“AECA”).
- Lobbying Congress for changes in procurement policy for certain defense items.
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