Cooley Godward Kronish's National Security Practice Group is devoted to representing clients in the defense, technology, life sciences and other industries on matters related to national security. We counsel clients across a wide range of sensitive issues involving legal liability, business transactions and legal compliance. We also are active in debating public policy, serving on advisory panels and commenting on proposed developments in the law.
The group’s attorneys have extensive government service experience in executive branch leadership positions. Members of the group include a former Director of the Executive Office for National Security at the Department of Justice, a former Commissioner of the Securities and Exchange Commission, a former Counselor and Chief-of-Staff to the United States Attorney General, a former Special Assistant to the United States Attorney General, the current President of the American Law Institute, former United States Attorney Division Chiefs, numerous former Assistant United States Attorneys, JAG Corps officers, West Point, Naval Academy and Air Force Academy graduates, as well as a former Chair of the Public Contract Law Section of the American Bar Association.
The Cooley attorneys who comprise the group have a wide range of experience in topics related to national security. We offer deep expertise in understanding and impacting policy, avoiding liability, doing business in the rapidly-developing national security landscape and doing business with the government. Within the following general areas, we offer particular expertise gained from years of experience:
Understanding and Impacting PolicyAvoiding Liability
- Security and Stability Operations – Battlespace Liability
- Military Law – MEJA and UCMJ Jurisdiction
- Security Clearance Law, Defense Security Counseling and DOHA Representation
- SAFETY Act Designation and Certification for Anti-Terrorism Technologies
- Government Indemnification under Public Law 85-804
- White Collar Crime and Public Authority Defenses
- Foreign Corrupt Practices Act Compliance and Litigation
- Export Control and Embargo Compliance and Enforcement Actions
- Trafficking Victims Protection Act Compliance
- Alien Tort Claims Act and Torture Victims Protection Act Litigation
- Aviation and Aerospace Litigation
- Qui Tam Litigation and Government Investigations
- “War Profiteering” Litigation - False Claims and Procurement Fraud
- Patriot Act Compliance
Doing Business
Doing Business With the Government
- Technology Transfer and Intellectual Property Rights
- Structuring M&A Transactions to Mitigation Foreign Ownership Control or Influence (FOCI) and Preserve Security Clearances
- Federally Funded Research & Development / Public-Private Partnerships
- Pricing and defective pricing issues
- Labor qualification and labor category issues
- Disaster Management
- Bio-Defense
- Pandemic Disease
- Government Contracts Counseling
- Government Contracts Litigation
Owing to the group’s collective backgrounds, experience and expertise, we have been involved in the following:
Representative Matters
Representing the Chairman of the New York investment bank Mercator in the FCPA trial that Forbes magazine calls “the largest investigation by American officials into alleged bribery abroad.”
Representing Titan in Foreign Corrupt Practices Act matters and related litigation
Defending criminal and civil actions related to exports to Russian and Chinese weapons facilities
Defending civil cases involving exports to Chinese missile entities
Conducting 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 U.S. 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 health care arena involving Medicare and FEHPB billing
Representing several senior executives at a major think tank before the Defense Office of Hearings and Appeals on security clearance matters.
Litigating numerous Alien Tort Claims Act and Torture Victims Protection Act cases before the district courts, and before the Fourth and DC Circuit Courts of Appeal.
Advising FFRDC research group regarding international law POW status of detainees in Iraq.
Providing legal research team support to the Legal Working Group of the Project for National Security Reform.
Drafting comment on proposed regulations related to Trafficking Victims Protection Act
