National Security & Defense
We Serve Our Clients and Support the Mission
Our National Security & Defense Industry Sector Group is committed to our clients and the missions they serve. We understand the goals and interests of our clients and further them through our trusted relationships with U.S. government officials and our key foreign partners.
Like many of our clients, our attorneys and policy advisors are former U.S. national security officials and warfighters who served our country in the halls of Washington, D.C., and on the battlefield. We have both set and executed U.S. security and defense policy and provide valuable insights based on these diverse experiences. From large prime defense contractors and systems integrators to small and emerging companies with dual-use technologies to strategic and financial investors active in the defense, aerospace, government services and technology sectors, Holland & Knight's National Security & Defense Industry Group helps clients navigate the increasingly complex national security landscape. On behalf of our clients, our lawyers and professionals leverage our deep subject matter knowledge and experience, valuable contacts and time-honed judgment to develop comprehensive legal, political and operational solutions.
Our National Security & Defense Industry Group includes former senior officials of the U.S. Intelligence Community, high-ranking federal law enforcement officers, and defense, national security and foreign policy officials from a variety of executive branch agencies, including the U.S. Departments of Defense, State, Homeland Security, Justice and Commerce, as well as former members of Congress and congressional staff who served on key committees. Importantly, the group includes numerous military veterans, including those who served from the officer and enlisted ranks.
We recognize the important missions that our clients serve and assist them with the full spectrum of legal compliance, political strategy, procurement-based opportunities, and strategic corporate and financing transactions.
Providing Targeted Capabilities for Those Operating in the Security and Defense Sector
Public Policy: We identify client priorities and translate them into a comprehensive strategic engagement plan that leverages key relationships in Congress, federal agencies and the industrial base. We also advocate for congressional funding, policy changes, and agency procurement opportunities
Government Contracts: Our attorneys counsel clients on all phases of the procurement process, including identifying opportunities, responding to solicitations, drafting and negotiating contracts, and offering compliance counsel for government contractors that support the U.S. Intelligence Community, Department of Defense (DOD) and other national security agencies and customers.
National Security-Related Regulatory Clearances: We advise U.S. and foreign companies and businesses on all aspects of the U.S. national security review process for foreign investments under rules administered by the Committee on Foreign Investment in the United States (CFIUS); obtaining facility security clearances and negotiating structures to and mitigate Foreign Ownership, Control or Influence (FOCI); and negotiating security agreements with the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector (formerly Team Telecom) regarding Federal Communications Commission (FCC)-regulated businesses.
Corporate Services: Our group provides business and corporate advice to public and private companies in the national security and defense industries throughout every stage of their business cycles and on all aspects of their business operations, from corporate governance, compliance and risk management to financing, growth and strategic business opportunities.
International Trade Compliance, Disputes and Advocacy: Our team counsels companies regarding compliance with a broad range of cross-border regulatory matters – including U.S. and multilateral economic sanctions, export controls such as International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), and foreign military sales issues – and represents them before the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), U.S. Department of Commerce's Bureau of Industry and Security (BIS), U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and DOD to obtain licenses necessary to consummate investment, financial and export transactions. We also assist clients with high-stakes dispute resolution and advocacy involving U.S. export control laws before the regulatory agencies, federal courts and Congress and between private parties.
Mergers, Acquisitions and Strategic Transactions: Our lawyers advise buyers, sellers, financial investors and other national security and defense industry market participants in domestic and international mergers, acquisitions and other strategic transactions by understanding their transactional goals, developing innovative strategies, and undertaking due diligence and other transactional matters unique to the national security arena, while minimizing legal risks associated with classified programs and forward-leaning defense initiatives.
National Security Investigations: We advise clients on insider threat issues, supply chain vulnerabilities, counterespionage matters, developing and implementing compliance programs, conducting risk assessments, conducting due diligence on third parties and acquisition transactions, providing legal opinions and counseling, conducting anti-corruption trainings throughout the world and providing real-time practical advice.
Data Privacy and Cybersecurity: We counsel clients operating in the defense industry and critical infrastructure sectors on cybersecurity risk management, regulatory and contractual requirements, the legality of offensive and defensive cybersecurity tactics, and preparing for and responding to cyber intrusions, data breaches and ransomware incidents. Our group also advises clients on evolving federal, state and foreign data privacy legislation that impact their underlying businesses operations, as well as emerging technologies leveraging data analytics, artificial intelligence and machine learning (AI/ML), and quantum computing.