GOVERNMENT CONTRACTS AND RELATED COMPLIANCE MATTERS
Because we have had deep and long-lasting relationships with defense contractors at all levels of the supply chain, we have expertise in niche areas of administrative law practice that are specific to government contractors, but not within the core competencies of most government contracts law practices, including:
LRV lawyers have assisted cleared contractors in maintaining their Facility Security Clearance, including mitigation of Foreign Ownership, Control or Influence (FOCI), administration of Special Security Agreement (SSA) or Proxy/Voting Trust arrangements, audit support, compliance and training programs, structuring of transnational ventures, and other NISPOM compliance issues. Our attorneys have successfully challenged the revocation of defense contractor employees’ clearances, and appeared before administrative law judges of the Defense Office of Hearings and Appeals.
Mergers, Acquisitions & Divestitures
Our attorneys have conducted due diligence and advised on Merger, Acquisition and Divestiture activity, assisted with pre-merger requirements under the U.S. Hart-Scott-Rodino Antitrust Improvements Act and similar foreign controls, and have prepared CFIUS filings. Our attorneys also have assisted with post-acquisition investigations, disclosures and compliance program implementation and in novating authorizations to new owners.
Public International Law Issues
LRV attorneys have advised both U.S. and foreign companies and foreign sovereigns on public international law and national security law and policy matters. We have provided advice regarding the treaty interpretation and application of international law in contexts ranging from multilateral agreements concerning the law of the sea, the law of armed conflict, and maritime boundary delimitation to bilateral treaty arrangements such as Status of Forces Agreements, and agreements on the settlement of investment disputes.
Offsets and Industrial Participation
Our lawyers are experienced in the interpretation and application of the laws and regulations of many foreign governments requiring offsetting investments or industrial participation in the national economy when making significant government contract sales to those countries.
Technology Security and Foreign Disclosure
We have provided substantial assistance to companies navigating the U.S. interagency release processes for authorization to market and sell defense products, including exceptions to National Disclosure Policy, Critical Program Information identification and protection, and Defense Exportability Features. With a personnel clearance at the Top Secret level, we can provide assistance with obtaining technology release or interpreting classified export license provisos, even in those instances involving compartmentalized information.
Foreign Military Sales (FMS) and Cooperative Programs
Bringing to bear our expertise in government contracting, technology release and transfer processes, and export controls, we also can provide a level of cross-disciplinary legal assistance to contractors engaged in Foreign Military Sales (FMS), Foreign Military Financed (FMF), or Cooperative International Programs that is comparable to having specialized in-house counsel.