Transactions that involve the movement of capital, technology, information and people across borders face a tangled web of laws and regulations, agencies and oversight committees, as spawned by the amended national security and foreign policy goals of the United States. In addition, many of the United States' trading partners have established their own heightened security frameworks—these laws and enforcement structures can create both pitfalls and opportunities for many businesses that were un-touched by national security concerns in the past.
With an established Washington, D.C. and global presence, Latham is ideally positioned to assist companies in responding to this unprecedented range of security-related regulations. The Homeland Security Practice brings a valuable understanding to such dealings and includes members who have served at high levels of executive agencies, as well as on congressional committees with national security mandates.
Latham's Homeland & Trade Security Practice is comprised of lawyers who focus on mergers and acquisitions, cross-border transactions, financial services, government contracts, healthcare regulation, government relations and environmental law. The team offers expertise in:
- Advising clients about how new Department of Homeland Security (DHS) regulations affect day-to-day business operations
- Advising on government contracts that raise security-related issues, such as security clearances, confidentiality restrictions, and weapons-related contracting
- Advising parties in acquisitions reviewed by the Committee on Foreign Investment in the United States (CFIUS), and preparing submissions to agencies involved in the review
- Analyzing and negotiating security-related issues raised by US and cross-border transactions, including export control requirements enforced by the US Treasury, Commerce and State Departments, and Patriot Act requirements for financial institutions
- Conducting investigations and preparing voluntary disclosures in the case of potential violations of export control, and other security-related regulations
- Providing advocacy in legislative and rule-making proceedings, including before the US Department of Homeland Security (DHS)
- Representing clients in security-related disputes with US federal agencies