National Security

The legal and regulatory frameworks governing national security in the United States have expanded significantly in recent years, as have the U.S. government's enforcement priorities. Miller & Chevalier helps individuals and companies, whether in the U.S. or abroad, navigate the complexities of even the most challenging national security matters. 

Our practice focuses on advising U.S. and non-U.S. companies and individuals regarding the numerous areas of regulation that may affect investment and commercial transactions, including foreign direct investment under the Committee on Foreign Investment in the United States (CFIUS) process and U.S. outbound investment transactions. We advise on compliance, risk mitigation, investigations, and litigation under international trade and U.S. government contract regulations that concern U.S. national security interests, including economic sanctions, export controls, and foreign military sales. Our team has extensive experience helping companies obtain government indemnification and other liability protections under various federal laws intended to support national security, including Public Law 85-804, the Price-Anderson Act (PAA), and the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act).

We have a deep bench of attorneys experienced in these areas, which often involve overlapping issues, to help our clients navigate the intricacies of these regulations and processes successfully. Lawyers in our national security practice group provide services in the following areas:

• CFIUS. Scrutiny of foreign investment in the U.S. on national security grounds has never been more rigorous or fraught with potential challenges. We assist companies in assessing their regulatory obligations and manage interactions with the relevant government agencies to achieve a successful outcome. We analyze and help mitigate CFIUS risks at all stages and for a wide variety of transactions, prepare voluntary and mandatory filings, guide clients through CFIUS reviews and investigations, and negotiate mitigation agreements.
• U.S. Outbound Investment. Due to national security concerns about the development and exploitation of certain advanced technologies by foreign government end users, the U.S. established a program to regulate U.S. outbound investment, particularly with respect to the People's Republic of China. While the program is still in its infancy, its repercussions are significant not only for many U.S. investors, but also certain non-U.S. entities owned or controlled by U.S. persons. We advise companies on the potential impact of the outbound investment program with respect to various transactions, including transactional due diligence and the applicability of any prohibition or notification requirement.
• Information and Communications Technology and Services, Connected Vehicles, and Data Security. In recent years, the U.S. government has introduced or expanded national security regulations that have the potential to impact a broad swath of companies and industries. For example, the U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS), launched in 2019, has been used restrict everything from Russian cybersecurity software to China-linked hardware and software used in connected vehicles. Similarly, the U.S. Department of Justice's (DOJ) Data Security program, introduced at the end of 2024, has the potential to impact any company that collects or stores government-related data or bulk U.S. sensitive personal data. Drawing on deep government experience from the time these new regulations were being devised and implemented, we assist clients in anticipating how these regulatory regimes will unfold and likely impacts on future business. 
• U.S. Government Contract Regulations. The U.S. government increasingly relies on its procurement authority to promote and protect its national security interests, with particular focus on technology-related vulnerabilities. Some of the most notable examples of the statutory intersection of government contracting and national security include the passage of section 889 of the 2019 National Defense Authorization Act (NDAA) (prohibiting the procurement of certain Chinese telecommunication and video surveillance equipment and services, including those from Huawei, ZTE, Hikvision, and others), section 5949 of the 2023 NDAA (prohibiting the procurement and use of semiconductor products and services from certain Chinese companies, including Semiconductor Manufacturing International Corporation (SMIC), ChangXin Memory Technologies (CXMT), Yangtze Memory Technologies Corp (YMTC), and other foreign countries of concern), section 1634 of the 2018 NDAA (prohibiting the procurement and use of Kaspersky software and services), and the ByteDance/TikTok prohibition. 
   
  Our Government Contracts practice represents government contractors in high-stakes litigation and advises on complex regulatory matters throughout the procurement lifecycle. We partner with government contractors of all sizes to help them navigate their most challenging business problems. Alex Sarria, Scott Flesch, and Ashley Powers maintain active Top Secret (TS) and TS/Sensitive Compartmented Information (SCI) clearances to ensure that our practice is able to support clients as they engage with the government on the country's most sensitive programs.
• Cybersecurity. We assist companies in ensuring that they are compliant with the latest cybersecurity statutes, regulations and guidelines, including National Institute of Standards and Technology (NIST) and Cybersecurity Maturity Model Certification (CMMC requirements), prepare corresponding risk assessments, review relevant policies and procedures, and manage post-breach investigations, law enforcement interactions, and related litigation. We also advise companies wishing to seek Federal Risk and Authorization Management Program (FedRAMP) authorization. 
• Risk Mitigation/Liability Protection. We help companies in a wide range of industries obtain government indemnification and other liability protections for unusually hazardous, nuclear, or terrorism risks under various federal laws supporting national security, including Public Law 85-804, the PAA, and the SAFETY Act.