National Security

Overview

Faegre Drinker’s national security team provides interdisciplinary proficiency and strategic counsel to navigate complex national security-related risks impacting both US-based and global companies. Our team is made up of attorneys with extensive experience in government contracts, trade and sanctions compliance, cybersecurity, criminal and national security-related internal investigations, corporate compliance, and related matters. Members of our team hold security clearances, permitting us to obtain authorization to review classified information when necessary for representation on sensitive matters. Because they routinely handle the most sensitive issues (and data) for clients in national security and adjacent businesses, our team understands the nuances and sensitivities of our clients’ businesses and the challenges they face.

Our team has decades of combined knowledge, experience, and relationships at the US Departments of Justice, Treasury, Commerce, Homeland Security, Defense, and the Intelligence Community, among others. We understand the significant risks facing clients and the unique factors relevant to a successful resolution of these issues. Whether it is evaluating sanctions-related compliance for financial services companies, agribusiness activity in a region dominated by drug cartels designated as foreign terrorist organizations, import or export activity involving sensitive technology, or the handling and transfer of sensitive and privacy-related data across international borders, our team is equipped to handle your most complex needs.

Our national security-related services and capabilities include:

Cybersecurity and incident response, including security breaches and security intrusions, ransomware and other system hijacking, and response to foreign-directed cybercrime
Internal investigations related to defense, trade, cybersecurity, and other areas implicating national security concerns
Sanctions, counterproliferation, and international trade compliance, including compliance with ITAR, IEEPA, and ECRA requirements
Due diligence in mergers, acquisitions, and other corporate transactions involving foreign entities and/or individuals
Risk assessment and risk mitigation for defense and national security service providers, including liaising with relevant agencies to obtain the latest information on and threat assessments
Trade secrets theft by foreign-directed actors
Transactions with state-owned enterprises or other potentially high-risk foreign entities and individuals
Government contract compliance, certifications, and audits, including CMMC compliance, False Claims Act-related certifications, and other issues
Proper handling of sensitive government information, including Controlled Unclassified Information (CUI), Covered Defense Information (CDI), and classified information (Secret, Top Secret, SCI, etc.)
False Claims Act issues related to cybersecurity, trade, defense, and national security-related activity
Cross-border transactions, arbitration, and litigation related to high-risk countries
Data privacy obligations related to national security risk from high-risk countries
Money laundering prevention practices and compliance, including implementation and evaluation of “know your customer” and “know your vendor” controls
Representation before and reporting to national security-related regulators, including the Department of Justice National Security Division (NSD), Department of Treasury’s Office of Foreign Asset Control (OFAC), and Department of Commerce’s Bureau of Industry and Security (BIS)
Assistance with, and representation before, the Committee on Foreign Investment in the United States (CFIUS)
Representing companies and individuals during the process of obtaining facility and personal security clearances, including: providing foreign ownership, control, and influence (FOCI) mitigation strategies; responding to Statements of Reasons; representing individuals at the Defense Office of Hearings and Appeals; and representing companies and individuals reporting or under investigation for security clearance violations.