National Security

Why Cooley

Cooley’s National Security practice group is devoted to representing clients that are dedicated to or interested in defense, intelligence and national security. We have been at the cutting edge of the industry as national security has expanded and evolved from a mission handled by the defense and intelligence sectors of the government to one that encompasses protecting the valuable commercial assets of the country.

Our lawyers provide a full range of counseling, transactional and regulatory compliance services for emerging and established companies in both the commercial and federal marketplaces. Our clients span numerous industry sectors, with a particular focus on high-tech industries, including cybersecurity, data analytics, cloud computing, software, artificial intelligence, mobility, enterprise security, Internet of Things, unmanned systems and robotics.

The team includes industry thought leaders who are driving the conversation on key issues of data privacy, enterprise security, public policy and government regulations. Our lawyers have extensive government service experience in executive branch leadership positions. Members of the group include:

  • Former Director of the Executive Office for National Security at the Department of Justice
  • Former Counselor and Chief-of-Staff to the US Attorney General
  • Former Special Assistant to the US Attorney General
  • Former Counsel to the US Senate Select Committee on Intelligence
  • Former US Attorney Division Chiefs
  • Numerous former Assistant US Attorneys
  • JAG Corps officers
  • West Point, Naval Academy and Air Force Academy graduates

Areas of Practice

Strategic Counseling Services

  • Assist our national security clients in navigating the unique challenges and due diligence issues of M&A and financing transactions, including CFIUS and FOCI processes
  • Formulate and implement effective technology transfer licenses and IP development and protection strategies
  • Advise on privacy, cybersecurity and information security issues and policies, including responding quickly and efficiently to complex intrusions and data breaches
  • Counsel on federally funded research and development operations and public-private partnerships
  • Counsel on compliance with regulatory requirements and federal legislation

Government Agencies

  • Assist with all aspects of doing business with federal, state and local government agencies, including DOJ, FAA, NSA, DIA, DISA, CIA, NRO, Departments of Defense, Homeland Security, State, Interior, Veterans Affairs and the General Services Administration
  • Advise on employment and labor issues, including OFCCP, labor qualification and labor category issues

International Trade

  • Counsel US and foreign companies on compliance with US laws and regulations governing the cross-border movement of goods, services and technology and affecting the way US companies conduct business overseas, including EAR, ITAR, OFAC, Nuclear Regulatory Commission, antiboycott principles and deemed exports
  • Advise on matters involving the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act (UKBA), and Chinese and other anti-corruption laws

Liability & Risk Avoidance

  • Advise on security and stability operations, including battlespace liability, and military law, including MEJA and UCMJ jurisdiction
  • Assist with security clearance law, defense security counseling and DOHA representation 
  • Counsel on SAFETY Act designation and certification for anti-terrorism technologies
  • Defend clients in white-collar proceedings, aviation and aerospace litigation, qui tam/FCA matters, government investigations, war profiteering, Alien Tort Claims Act and Torture Victims Protection Act cases and procurement fraud
  • Advise on compliance with the Trafficking Victims Protection Act and Patriot Act

    Representative Matters

    • Titan’s FCPA matters and related litigation
    • Criminal and civil actions related to exports to Russian and Chinese weapons facilities
    • Internal investigations and responding to government investigations involving exports to Iran, China, India, Pakistan, Russia and numerous other countries, and involving oil-for-food kickbacks in Iraq
    • Internal investigations related to whether PRC and other foreign nationals employed by US companies were given access to sensitive military technology
    • Numerous qui tam cases and government investigations involving labor categories on government contracts
    • Qui tam matters in the healthcare arena involving Medicare and FEHPB billing
    • Several senior executives at a major think tank before the Defense Office of Hearings and Appeals on security clearance matters
    • Alien Tort Claims Act and Torture Victims Protection Act cases before the district courts and before the Fourth and DC Circuit Courts of Appeal
    • FFRDC research group regarding international law POW status of detainees in Iraq
    • Drafting comments on proposed regulations related to the Trafficking Victims Protection Act