Bradley regularly advises clients on government restrictions regarding foreign ownership of U.S.-based investments, including working with foreign investors and domestic sellers to navigate the Committee on Foreign Investment in the United States (CFIUS). As the number of industries and technologies that affect U.S. national security grows, the federal government continues to expand its jurisdiction and oversight of foreign direct investment in the United States.
Our team can advise companies in the pre-negotiation phase to mitigate costly risks down the road, negotiate and structure transactions to address national security concerns, and work within the federal interagency process to achieve our clients’ business objectives. We provide guidance on structuring transactions to address national security concerns, negotiating and drafting National Security Agreements (NSAs) and other mitigation measures required by CFIUS. We also assist clients in navigating the federal interagency process to achieve their business objectives while maintaining compliance with CFIUS requirements. Additionally, we offer post-transaction compliance support to ensure adherence to CFIUS conditions and obligations.
Defense, aerospace, and national security technology companies face unique export control challenges. Bradley’s Defense & National Security team advises companies regarding the International Traffic in Arms Regulations (ITAR), the dual-use export controls of the Export Administration Regulations (EAR), and compliance with trade sanctions regimes.
Our attorneys assist clients in establishing product jurisdiction and classification, obtaining export licenses and Technical Assistance Agreements (TAAs), drafting Technology Control Plans (TCPs), and implementing robust export control compliance programs. We also provide training for employees on compliance obligations, conduct internal audits, and help mitigate risks by addressing voluntary disclosures.
Bradley’s team is experienced in navigating complex investigations and enforcement actions involving the DOJ, Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), and other trade control agencies.
Bradley advises clients on compliance with international sanctions regimes, including those administered and enforced by the Treasury Department’s Office of Foreign Assets Control (OFAC), the Commerce Department’s Bureau of Industry and Security (BIS), and the State Department. Our attorneys have investigated and prosecuted sanctions violations while in government service, and now help companies develop sanctions compliance programs, conduct internal investigations, and represent clients facing regulatory or criminal investigations for alleged sanctions violations.
Because alleged sanctions violations often involve money laundering or related financial crimes, our Defense & National Security attorneys work closely with Bradley’s Financial Crime & Economic Sanctions team to advise banks and financial services firms on anti-money laundering (AML), Bank Secrecy Act (BSA), and sanctions compliance.
In addition, we conduct enterprise-wide risk assessments, advise on due diligence for transactions involving high-risk jurisdictions, and provide training programs and independent audits to ensure compliance. Our attorneys are adept at addressing complex issues, such as secondary sanctions risks, sanctions evasion tactics, and enforcement actions, offering comprehensive support for companies in sectors such as energy, defense, finance, shipping, and technology.
Cybersecurity and data protection have never been more important to our national security. State-sponsored cyberattacks targeting governments and the private sector are on the rise. Bradley’s attorneys have experience tackling the most sophisticated cyber threats facing government and industry, including DOJ and FBI veterans who prosecuted cybercrime. We counsel clients on preparation and detection, cyber incident response and notification requirements, and defending claims resulting from breaches.
Bradley’s Defense & National Security team complements our Cybersecurity & Privacy Practice Group, making us uniquely positioned to assist clients with safeguarding critical data and infrastructure while ensuring compliance with evolving regulatory requirements across federal and state levels. We provide focused cybersecurity counsel to DOD and intelligence community contractors, including adherence to the DOD’s Cybersecurity Maturity Model Certification (CMMC) program, as well as navigating the Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity requirements, Federal Information Security Modernization Act (FISMA) obligations, and National Institute of Standards and Technology (NIST) cybersecurity frameworks.
Government contracting presents unique legal challenges given the complex regulatory requirements for doing business with the federal government. This is especially true for companies selling to the DOD, the intelligence community, or other federal agencies involved in U.S. national security.
Bradley’s Defense & National Security team complements our award-winning Government Contracts Practice Group to provide focused counsel relating to the Defense Federal Acquisition Regulation Supplement (DFARS), the International Traffic in Arms Regulations (ITAR), DOD cybersecurity requirements (CMMC), and classified government contract support.
Bradley represents clients in government investigations and enforcement actions across a spectrum of specialized fields, including trade sanctions and export control violations, terrorism financing and money laundering, the Foreign Agents Registration Act (FARA), as well as other types of criminal or regulatory investigations implicating national security. Our attorneys hold the clearances necessary to litigate cases involving classified information pursuant to the Classified Information Procedures Act (CIPA) and provide the strategic advice and crisis management counsel required in such disputes or investigations.
Our team complements Bradley’s Government Enforcement & Investigations Practice Group, which represents companies and individuals in a range of government and internal investigations, regulatory inquiries, False Claims Act (FCA) suits, and enforcement actions.
Companies large and small who conduct cross-border business, particularly those who conduct business in countries with high levels of public corruption, are at risk of violating the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and other countries’ anti-corruption laws. In recent years, the DOJ and related government agencies have increased their focus on FCPA compliance and enforcement.
Anti-corruption investigations present unique challenges because of their international scope and the rigorous expectations of prosecuting agencies. Bradley’s team of former federal prosecutors and anti-corruption lawyers has significant experience handling anti-corruption compliance, investigations, and litigation. Our lawyers can also help build best-in-class FCPA compliance programs, conduct risk assessments for cross-border investments, and perform FCPA due diligence for mergers and acquisitions.