Capabilities

National Security

Language

Arnold & Porter Kaye Scholer LLP's National Security practice is one of the largest and most experienced in Washington. It is anchored by numerous former senior US government officials who have decades of experience in national security legal positions, including the former General Counsels of the Central Intelligence Agency, Jeffrey Smith; the National Security Agency, Ronald D. Lee; the Army and the Air Force, Charles Blanchard; the former Legal Adviser to the Department of State and the Legal Adviser to the National Security Council at the White House, John Bellinger; former Deputy Assistant Secretary of State for Export Controls John Barker; and former Counselor for National Security to the Attorney General, Amy Jeffress.

Our practice also includes former senior national security officials at the Departments of Justice, State, Treasury, and Homeland Security.

Our lawyers understand the legal and policy framework in which unique national security issues arise, and the US government processes in which sensitive national security decisions are made. Our lawyers testify before Congress, speak and write regularly about national security matters, and maintain close contacts with relevant US government agencies. Many of our lawyers hold security clearances and are able to advise clients on classified matters.

Our national security team advises US and international companies and individuals on a wide range of statutes, regulations, and policies administered by different agencies, including export control regulations (ITAR and EAR), foreign policy sanctions and asset controls, foreign investment and foreign influence regulations (CFIUS and FOCI), classified information rules, and other national security laws.   We also advise our clients on issues ranging from cyber security and privacy to the performance of highly classified programs that present challenging risk issues. Many of these programs raise unique and novel questions of law and public policy, particularly as technology rapidly outpaces existing laws and regulations. This includes such questions as the future of autonomous weapons and the balance between intelligence collection and civil liberties. 

Our lawyers, who include many former federal prosecutors, have also successfully defended clients in civil and criminal investigations and enforcement actions involving national security matters brought by the Departments of Justice, Treasury, Commerce, and State.  We also frequently represent our clients in congressional hearings and investigations.

Our clients benefit from a specialized national security practice that works closely with our colleagues in the related areas of government contracts, intellectual property, corporate and securities, pharmaceuticals and medical devices, information security and privacy, litigation, and criminal investigations. Our comprehensive approach allows us to bring together teams from across our firm to address our clients' most pressing and complex legal needs with insight and creativity.

Our national security team counsels US and international defense-related contractors on mergers and acquisitions, structuring and negotiating teaming arrangements, technology transfers, co-production agreements, and equity joint ventures in the US and abroad. Over the past decade, our attorneys have counseled on more than 100 cooperative research and development arrangements—as well as production and marketing deals—in such fields as tactical communications, electronic warfare systems, aircraft production, torpedo manufacture, missile system development and manufacture, alternative energy sources, automotive components and vehicles, tank subassemblies, and computer systems. In addition to advising government contractors on such transactions, our lawyers also advise and represent sovereign governments regarding purchases made from US defense contractors, including those made with foreign military sales funds. 

Experience 

  • Many major government contracts companies with respect to the unique risks presented by highly classified contracts such as establishing a system to oversee such contracts and measures to mitigate the risks.
  • In-Q-Tel, the company established by the CIA to acquire high-technology solutions for the US intelligence community.
  • Major European defense and aerospace companies with respect to mergers and acquisitions, contracting with the US government, relationships with the US government, export controls, issues of foreign ownership, and the performance of highly classified contracts.
  • Major European defense and aerospace companies with respect to mergers and acquisitions, contracting with the US government, relationships with the US government, export controls, issues of foreign ownership, and the performance of highly classified contracts.
  • Large insurance company in conducting FCPA risk assessments and preparing an FCPA compliance program.
  • Harvard University on public policy and national security matters.
  • Massachusetts Institute of Technology (MIT) on public policy and national security matters.
  • Ambassador in his appearance before the House Committee with respect to his service as Administrator of the Coalition Provisional Authority in Iraq.
  • Newspaper Association of America and other major media associations on "leaks" of classified information and First Amendment issues.
  • Science Applications International Corporation (SAIC) in its acquisition of intelligence community consulting firm Scitor Corp. for US$790 million.
  • Airbus formerly European Aeronautic Defence and Space Company EADS N.V. on general representation on issues associated with foreign ownership including in the acquisition by its subsidiary Cassidian of 75.1 percent of Carl Zeiss Optronics GmbH.
  • Leonardo formerly Finmeccanica SpA in obtaining approval from the Committee on Foreign Investment in the US for client to proceed with its $5.2 billion acquisition of a leading US defense contractor.
  • Members of Congress and former senior government officials  in sensitive investigations, including criminal investigations and prosecutions, involving national security, security clearance matters and pre-publications review.
  • DC Capital Partners LLC in the formation of Elite Training & Security, LLC, and the leveraged acquisition of Kaseman, LLC.
  • Tel-Save in its acquisition of Symetrics and the subsequent spin-off of the defense electronics business of Symetrics through a management buy-out.
  • DC Capital Partners LLC in the formation of a leading provider of information, management, and technology services.

Recognition

Samuel Witten Named President of the Washington Foreign Law Society

Counsel Samuel Witten took office as President of the Washington Foreign Law Society (WFLS) on Novmber 17, 2010, a role in which he served through 2013. Mr. Witten remains today a member and adviser at WFLS. The WFLS is a leading non-profit organization founded in 1952 and dedicated to promoting knowledge and understanding of international legal matters, comparative legal issues, and foreign law with members from the private sector, government, and academia. Mr. Witten is a member of the firm's International Arbitration and National Security practice groups.

Overview

Email Disclaimer