National Security

The legal and regulatory frameworks governing national security in the United States have expanded significantly in recent years, as have the government's enforcement priorities. Miller & Chevalier assists individuals and companies, whether in the U.S. or abroad, in navigating the complexities of even the most challenging national security legal matter. Our group includes a former national security prosecutor and Counsel to the Assistant Attorney General for National Security at DOJ who brings unique experience and perspective to these matters based on his government service. 

Our practice focuses on advising U.S. and non-U.S. companies regarding the Committee on Foreign Investment in the United States (CFIUS) process, as well as other forms of foreign direct investment. We also advise clients on registration and enforcement matters relating to the Foreign Agents Registration Act (FARA). Additionally, the firm concentrates on compliance, investigations, and litigation relating to cybersecurity, classified information, and the Foreign Intelligence Surveillance Act (FISA).

Lawyers in our national security practice group provide services in the following areas:

• Foreign Direct Investment. Scrutiny of foreign direct investment in the U.S. on national security grounds has never been more rigorous or fraught with potential challenges. We can assist companies in assessing their obligations under the regulatory regimes below and help manage interactions with the relevant government agencies to achieve a successful outcome.   
  • CFIUS. We assist companies in analyzing pre-transaction CFIUS risks, preparing voluntary and mandatory filings, and managing mitigation agreements.    
  • Team Telecom. We can assist telecommunications companies in negotiating or modifying security agreements with the Team Telecom agencies, or complying with existing agreements, in connection with Federal Communications Commission (FCC) licenses. 
  • FOCI Mitigation. We can assist companies working with Defense Security Service (DSS) and other responsible agencies to obtain or maintain a facility security clearance. 
• FARA. We assist clients by analyzing potential FARA registration obligations, liaising with DOJ's FARA Unit in seeking guidance, responding to DOJ requests for information, or registering under FARA. We can also represent clients in grand jury or other FARA enforcement proceedings.
• Cybersecurity. We can assist companies in preparing risk assessments, reviewing relevant policies and procedures, as well as managing post-breach investigations, law enforcement interactions, and related litigation.  
• Classified Information. We assist individuals, companies, and media organizations in managing risks associated with DOJ or other government investigations of classified information mishandling, including media leaks. 
• FISA. We assist clients in complying with classified orders issued by the FISA Court (FISC). We can also assist with FISA-related litigation whether before a federal court or the FISC.