National Security: Defense and Intelligence INDUSTRIES

Our country's national security rests on a foundation of private enterprises—traditional defense contractors, intelligence community partners, and the vast array of companies that comprise our critical infrastructure. We help clients in these industries to navigate their relationship with the federal government—by counseling on contracts, assisting in the development of regulations, ensuring compliance with complex rules, and advocating in disputes ranging from enforcement actions and federal court litigation to government contracts litigation and bid protests. We have been called upon by some of the most significant companies in this arena to address Department of Justice and Congressional investigations, sensitive internal investigations and suits over the authority of the federal government. We have many lawyers who have served in senior national security posts across the government.

Preston_Stephen

Stephen W. Preston

Chair, Defense, National Security and Government Contracts Practice

+1 202 663 6900 (t)

stephen.preston@wilmerhale.com

Publications & News

View

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 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 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.

May 17, 2016

Final Government Contractor Basic Data Security Rule Issued

On May 16, the Federal Acquisition Regulations (FAR) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of safeguards, “reflective of actions a prudent business person would employ.”

April 14, 2016

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

An article by Benjamin A. Powell, Barry J. Hurewitz, Jonathan G. Cedarbaum, Jason C. Chipman and Leah Schloss, published in the May 2016 issue of Privacy & Cybersecurity Law Report, explores the new, amended Department of Defense interim cybersecurity rule that prescribes cybersecurity requirements, including mandatory cybersecurity-related contract clauses in all DoD contracts subject to the Defense Federal Acquisition Regulations Supplement. 

March 1, 2016

European Commission and U.S. Department of Commerce Release Legal Foundation of EU-U.S. Privacy Shield

On Monday, February 29th, the European Commission and U.S. Department of Commerce released a collection of documents summarizing actions taken on both sides of the Atlantic to implement the new Privacy Shield framework.

December 4, 2015

Washingtonian Magazine Names Eight WilmerHale Partners Top Attorneys in Washington DC

Washingtonian magazine has released its list of 2015 Top Attorneys, recognizing Washington's top legal talent based on peer review. The 2015 list is the Washingtonian's largest ever and ranks the top one percent of the nation's capital's 80,000 lawyers across 21 different practices.

July 15, 2015

Final Deal Reached on Iran Sanctions Relief

On July 14, 2015, the United States and its P5+1 negotiating partners, together with Iran, announced the final terms of the Joint Comprehensive Plan of Action (JCPOA) concerning Iran’s nuclear program.

April 15, 2015

Congressional Panel Approves Legislation on Iran Nuclear Deal

The Senate Foreign Relations Committee unanimously passed legislation that would allow Congress to review—and potentially block—any final deal reached with Iran over its nuclear program.