Defense, National Security and Government Contracts REGULATORY AND GOVERNMENT AFFAIRS

Transactional, litigation and regulatory advice for companies with government business and strategic technologies.

Today’s complex, dynamic defense and homeland security environment requires businesses to redefine their relationships with governmental authorities. In this time of changing priorities, new regulations, emerging threats and untapped opportunities, companies need trusted advisors to guide them. WilmerHale’s Defense, National Security and Government Contracts Practice brings together the experience, skill and judgment needed to navigate this challenging terrain.

Our team is devoted to representing clients in the defense, technology, life sciences and other industries on matters relating to national security and doing business with the US government. In its December 2013 issue, Washingtonian magazine named four of WilmerHale's lawyers to the "Top Lawyers" list in the category of national security.

With extensive experience serving in senior national security posts in federal agencies, our lawyers provide regulatory, legislative and transactional advice to companies that supply products and services to governmental customers and to clients whose commercial operations or strategic development are affected by changing security requirements and policies. We also advise clients in government enforcement actions, federal court litigation, government contracts litigation, bid protests and other contested proceedings.

Transactional, litigation and regulatory advice for companies with government business and strategic technologies.

Today’s complex, dynamic defense and homeland security environment requires businesses to redefine their relationships with governmental authorities. In this time of changing priorities, new regulations, emerging threats and untapped opportunities, companies need trusted advisors to guide them. WilmerHale’s Defense, National Security and Government Contracts Practice brings together the experience, skill and judgment needed to navigate this challenging terrain.

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Preston_Stephen

Stephen W. Preston

Chair, Defense, National Security and Government Contracts Practice

+1 202 663 6900 (t)

stephen.preston@wilmerhale.com

Experience

Our Defense, National Security and Government Contracts lawyers draw on wisdom and experience gained through senior positions in the Department of Justice, The White House and numerous departments and agencies.

Our team includes:

  • a former General Counsel of the Department of Defense and the Central Intelligence Agency
  • a former Deputy Attorney General and member of the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) and Central Intelligence Agency's National Security Advisory Panel
  • former General Counsels to the Director of National Intelligence and Federal Bureau of Investigation
  • two former Assistant Attorneys General
  • a former Solicitor General of the United States
  • a former Counselor to the Secretary of the Treasury

Our practice also draws on the wisdom, talent and energy of colleagues who have held a variety of other military and civilian federal agency positions.

Publications & News

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September 15, 2016

New Book by Gary Born: International Arbitration and Forum Selection Agreements: Drafting and Enforcing

WilmerHale is pleased to announce the publication of Gary Born's most recent work on international arbitration and dispute resolution. The revised fifth edition of International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses.

July 14, 2016

Jamie Gorelick Discusses the Birth of Cybersecurity

The interview showcases her presence during the creation of the federal government's cybersecurity efforts as the Internet was emerging as a global force.

July 13, 2016

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than doubling. Companies violating the Hart-Scott-Rodino (HSR) Improvements Act, the Securities and Exchange Act, or the Occupational Safety and Health Act (OSHA), among others, could soon face civil monetary penalties that are up to 150% higher than the existing levels. According to the Congressional Budget Office, the 2015 Act would increase the federal government's revenue by $1.3 billion over the next ten years.

June 24, 2016

Brexit – Major Upheaval and Change

As the UK leaves the EU, in light of the seismic result of the recent United Kingdom referendum, there will be an immense amount to do, for the UK and the remaining EU, and for companies that are either based in, or have interests in the UK.

June 16, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

In Universal Health Services v. United States ex rel. Escobar, the Supreme Court unanimously upheld the “implied certification” theory of liability under the False Claims Act (FCA), while emphasizing that only material misrepresentations are actionable.

June 16, 2016

The CFPB And Data Security Enforcement

In this article published in BNA's Banking Report, Michael Gordon, Leah Schloss and former Counsel Elijah Alper examine the Consumer Financial Protection Bureau's foray into data security enforcement by assessing how the bureau's data security authority compares with that of other federal regulators.

June 9, 2016

David Ogden Calls for DOJ to Return to a Punishment-Fits-the-Crime Settlement Approach

David Ogden warned in a recent and important speech that the Department of Justice's current tendency to use its vast power to extract disproportionate monetary penalties from many companies that fall under its prosecutorial glare is actually counterproductive.

June 8, 2016

Stephen Preston Receives National Security Agency Intelligence Under Law Award

The Intelligence Under Law Award is presented annually in recognition of an individual's “commitment to the conduct of intelligence activities under the rule of law.”

June 3, 2016

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

In its latest report to Congress, the Committee on Foreign Investment in the United States, the US government's interagency body that vets foreign investment with national security implications, reported that it reviewed a record 147 notices in 2014, a 52% increase from 2013.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.