King & Spalding’s National Security practice supports organizations as they navigate, understand, and comply with the complex and growing body of laws and regulations related to domestic and international security. We represent our clients in congressional, government, and internal investigations, both within and outside the United States; we advocate policies before Congress and federal agencies; we represent clients in contested actions before agencies, tribunals, and arbitration panels; and we defend clients in civil and criminal proceedings. We help clients obtain export licenses, security clearances, and government certifications and designations for their products and services. We also help clients secure congressional program authorizations and appropriations, manage political and reputational risk, and develop and implement compliance and audit programs.
King & Spalding is uniquely positioned to assist clients with domestic and international security concerns. Our National Security practice attorneys are resident in our Washington, D.C., London, and Dubai offices. The practice area leader is Eleanor Hill, who served as Staff Director for the House and Senate Intelligence Committees’ Joint Inquiry on the Terrorist Attacks of September 11, 2001, as the Inspector General for the Department of Defense, and as Counsel to the Senate Select Committee Investigation of the Iran-Contra affair. Recognized for her expertise in defense, intelligence and national security issues, Ms. Hill brings distinctive insight and leadership to the practice.
Our highly integrated team includes the former acting Deputy Attorney General of the U.S. Department of Justice, the second highest-ranking official in the Department; a current member of the Rules Advisory Committee of the United States Court of International Trade and former Justice Department trial attorney; a former member of the Office of Chief Counsel for Import Administration of the U.S. Department of Commerce; three former officials of the Department of Justice’s National Security Division; a former Assistant General Counsel (Chief of the Significant Litigation Section) of the Department of Homeland Security; a former Deputy Chief Counsel of the Transportation Security Administration (TSA); and former representatives to the White House Interagency Policy Committees (IPC) on Watchlisting, Export Control modernization, and Biological Select Agents and Toxins (BSAT). Team members have held government security clearances at the highest levels, and are familiar with the issues clients face in handling and maintaining sensitive and highly classified information. We often work in multiple-office international teams to provide clients coordinated responses, which are critical as law enforcement and investigative agencies increasingly join forces worldwide.
We have expertise and deep experience in the full range of statutory and regulatory requirements that affect our clients’ domestic and international security obligations. These include:
- Committee on Foreign Investment in the United States (CFIUS) regulations, also known as Exon-Florio, under which transactions involving foreign persons and U.S. businesses are reviewed for potential national security implications.
- Data privacy, data breach expertise, including federal, state, and international privacy regimes (such as the US-EU Safe Harbor program).
- Cybersecurity expertise such as regulatory compliance, including disclosure obligations, gap and insurance analysis, and criminal or national security cybersecurity investigations.
- The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act), which provides legal liability protections for providers of qualified anti-terrorism technologies.
- Export Administration Regulations (EAR) that control the export and re-export of “dual use” items and technologies that have both civilian and military application.
- International Traffic in Arms Regulations (ITAR) that control the manufacture and export of defense articles and services.
- Anti-boycott measures that forbid U.S. companies and their subsidiaries from complying with, or supporting, a foreign country’s unsanctioned boycott of another country.
- The Aviation and Transportation Security Act (ATSA), which governs security in air travel system. Our practice includes cargo and pipeline regulations promulgated by the Transportation Security Administration (TSA).
- Office of Foreign Assets Control (OFAC) requirements that control enforce U.S. economic sanctions targeting specific countries and governments, e.g., Iran, North Korea, Russia, Sudan, Syria, and specially designated persons (SDP).
- The Atomic Energy Act and Department of Energy regulations governing assistance to foreign atomic energy activities.
- National Industrial Security Program requirements for companies and personnel handling classified information, as implemented through the National Industrial Security Program Operating Manual (NISPOM).
- The Foreign Corrupt Practices Act (FCPA), which bars payments made to influence foreign government officials, and the United Kingdom Bribery Act of 2010 (and its European and Middle Eastern equivalents), which penalizes commercial payments made to influence decision making.
- U.S. Patriot Act, Bank Secrecy Act, Money Laundering Control Act, and anti-money laundering laws, which place various affirmative anti-money laundering and related due diligence requirements on financial institutions and their dealings with counterparties.
- The Economic Espionage Act, which bars stealing, copying, or receiving trade secrets, as well as trade secret misappropriation issues arising under state law.
- Telecommunications Privacy Laws and Regulations, including Title III of the Omnibus Crime Control and Safe Streets Act (Title III), the Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), the Stored Wire and Electronic Communications Act, and the Telecommunications Act.
- Requirements pertaining to responding to U.S. government requests for information regarding customers and others, including search warrants, subpoenas, FISA orders, and National Security Letters (NSLs).
- Customs and Border Protection requirements, which regulate in-bound shipments of goods into the United States.
- Eleanor Hill is a partner in the firm’s Government Advocacy and Public Policy Practice Group. Her practice includes congressional and other government investigations, internal investigations, legislative and policy issues, Inspector General and compliance matters, crisis management, and issues pertaining to national security and intelligence. Ms. Hill served as the Staff Director for the House and Senate Intelligence Committees’ Joint Inquiry on the Terrorist Attacks of September 11, 2001; the Inspector General for the Department of Defense; the Staff Director and Chief Counsel for the Senate Permanent Subcommittee on Investigations; Counsel to the Senate Select Committee Investigation of the Iran-Contra affair; and an Assistant U.S. Attorney, Middle District of Florida and Special Attorney, Organized Crime Section, U.S. Department of Justice. Renowned for her experience handling investigations in the private sector and both the executive and legislative branches of government, Ms. Hill is a frequent speaker on national and homeland security, intelligence policy and counterterrorism. Ms. Hill has served on the Advisory Board for the Long-Term Legal Strategy Project for Preserving Security and Democratic Norms in the War on Terrorism, sponsored by the John F. Kennedy School of Government and Harvard Law School, has been a featured participant at Aspen Institute, ABA, and AFCEA/INSA programs on national security, and currently serves on the Advisory Boards of both the Sam Nunn School of International Affairs at Georgia Institute of Technology and the Levin Center at Wayne State University Law School.
- Gary G. Grindler is a partner in the firm’s Special Matters/Government Investigations Practice Group. His practice includes white collar criminal defense; internal investigations; money laundering, financial fraud, congressional and state attorney general investigations; Foreign Corrupt Practices Act; False Claims Act and other complex civil litigation. Mr. Grindler served as the acting Deputy Attorney General of the U.S. Department of Justice, and the Chief of Staff to the Attorney General Holder. As acting Deputy Attorney General, Mr. Grindler was the second highest-ranking official at the Department of Justice. In that capacity, he led the Department’s National Security Division, and was a member of Deputies Committees that advised the President on CFIUS determinations and oversaw the revision of export–license requirements. He also oversaw 934 United States Attorney’s offices, all of the Department’s law enforcement agencies (Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms and U.S. Marshals Service), as well as its Civil, Civil Rights, Criminal, Tax, Antitrust, and Environmental Divisions. Prior to serving as acting Deputy Attorney General, Mr. Grindler oversaw the Department of Justice’s Criminal Fraud Section as a Deputy Assistant Attorney General (DAAG). As DAAG, he was responsible for the Department of Justice’s FCPA investigations and prosecutions. Mr. Grindler is the recipient of the Edmund J. Randolph Award, the Department of Justice’s highest award for public service and leadership.
- Christine Savage is a partner in the firm’s International Trade Practice Group. Her practice includes international trade regulation, export control and sanctions law, antiboycott regulations, national security reviews of foreign direct investment in the United States, trade remedy proceedings, and administrative law. Ms. Savage assists clients in the aerospace and defense, energy, encryption software, and biotechnology/chemical, and financial services industries. She represents clients before the Bureau of Industry and Security, the Directorate of Defense Trade Controls, the Office of Foreign Assets Control, the Defense Technology and Security Administration, and the Committee on Foreign Investment in the United States. Ms. Savage served as Counsel in the Office of Chief Counsel for Import Administration, U.S. Department of Commerce, during the Clinton Administration, where she also served as an agency representative for the White House’s Steel Action Program.
- Michael Taylor is a partner in the firm’s International Trade Practice Group and leads the Firm’s Customs Group. Mr. Taylor’s practice includes representing parties in international trade remedy proceedings and counseling clients on complex regulatory trade compliance and international shipping matters. Mr. Taylor works closely with the U.S. border agencies, including U.S. Customs and Border Protection, the U.S. Food and Drug Administration, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture. He represents clients before the U.S. Department of Commerce, the U.S. International Trade Commission, Binational Panels established under the North American Free Trade Agreement (“NAFTA”), the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.
- Jeffrey M. Telep is a partner in the firm’s International Trade Practice Group. His practice includes high-profile international trade disputes, including Section 337 investigations at the U.S. International Trade Commission; antidumping and countervailing duty investigations; Customs fraud investigations, seizures, and forfeitures; and litigation involving international anti-money laundering. Mr. Telep is a member of the Rules Advisory Committee of the United States Court of International Trade and is an officer of the International Trade Commission Trial Laywer’s Association. He is the author of numerous articles and book chapters on international trade, and he regularly speaks to industry groups, judicial conferences, bar conferences, and academic conferences about issues involving cross-border disputes. Mr. Telep served in the U.S. Department of Justice, Civil Division, where he received the Attorney General’s Special Achievement Award three times.
- Chris Burris is a partner in the firm’s Special Matters/Government Investigations Practice Group. His practice focuses on white collar criminal defense, corporate internal investigations, defense of regulatory enforcement actions, complex civil litigation involving fraud, and corporate compliance and governance matters. Mr. Burris joined the firm after serving in the U.S. Navy Judge Advocate General’s Corps, and he continues to serve as a Commander in the U.S. Navy Reserves. In the Navy, Mr. Burris has acted as a prosecutor, defense attorney, and government appellate counsel, and has served in a variety of roles counseling Navy commands on a range of administrative and operational issues. At the firm, Mr. Burris has represented clients in a wide variety of matters involving national security and privacy/data security issues. This includes representing a major international telecommunications company in its response to the disclosure of the United States’ Terrorist Surveillance Program (TSP), and assisting various telecommunications and other companies in revising their compliance processes regarding surveillance and privacy laws and regulations, including Title III of the Omnibus Crime Control and Safe Streets Act, the Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act, the Stored Wire and Electronic Communications Act, and the Telecommunications Act.
- Jane Player is a partner in the firm’s Global Disputes practice based in London. Her practice includes investigations and proceedings involving corruption and fraud. She is experienced both in defending companies accused of civil offences under the United Kingdom Bribery Act 2010 and in seeking recovery of assets and damages from corporate directors and officers who are accused of breaches of fiduciary duties.
- Nabil Issa is a partner in the firm’s Middle East and Islamic Finance/Investment Practice based in Dubai and the firm’s affiliated office in Riyadh. His practice includes representation of a number of defense contractors in relation to corporate, labor, agency and government contract matters in the Middle East, particularly in Saudi Arabia and the UAE. Mr. Issa has over 16 years advising clients in the Middle Easton a wide range of matters.
- Benjamin Newland is a partner in the firm’s Middle East and Islamic Finance/Investment Practice in the New York and Dubai offices. He regularly advises U.S. defense contractors and companies in defense-related industries with respect to their business activities in the Middle East, particularly in Saudi Arabia and the UAE. More broadly, Mr. Newland focuses on joint ventures, corporate and real estate investment transactions, and other general corporate matters. Mr. Newland has been recognized as one of the leading transactional and fund-formation lawyers in the Middle East by Chambers Global and The Legal 500: Europe, Middle East and Africa.
- Lloyd Hand is Senior Counsel in the firm’s Government Advocacy and Public Policy group. His practice includes counseling defense and aerospace companies on issues related to legislation, administrative law, regulation, international trade law, and contractual matters. Mr. Hand served as assistant to Senate Majority Leader Lyndon B. Johnson, and later as President Johnson’s U.S. Chief of Protocol. He has also served as Senior Vice-President and Assistant to the Chairman of the Board of TRW, a multinational aerospace and defense company. Mr. Hand was a member of the Senior Advisory Group (SAG) to the U.S. European Command, as well as the Chief of Naval Operations Executive Panel.
- John A. Drennan is Counsel in the firm’s Appellate, Constitutional and Administrative Law Practice Group. His practice includes complex criminal and civil litigation, and counseling clients on national security and privacy law. Mr. Drennan served as Assistant General Counsel (Chief of the Significant Litigation Section), U.S. Department of Homeland Security; Counsel for National Security Law & Policy, National Security Division, U.S. Department of Justice; Deputy Chief Counsel of the Transportation Security Administration (TSA); and in the Criminal Appellate Section, U.S. Department of Justice. Mr. Drennan is an experienced litigator, and was a key member of the former Enron Task Force. He has prosecuted multiple cases against high-profile terrorists, including Jose Padilla, the so-called Dirty Bomber, and Umar Farouk Abdulmutallab, the so-called Christmas Day Bomber. While serving in the government, Mr. Drennan was a member of the interagency policy committee that revised the terrorist watchlisting process, including the criteria for inclusion on the No-Fly List. Mr. Drennan also has substantial experience with the Foreign Intelligence Surveillance Act (FISA). Mr. Drennan has twice received the U.S. Department of Justice highest litigation honor, the Attorney General Award.
- Alex Haas is Counsel in the firm’s Business Litigation Practice Group, specializing in Data, Privacy & Security and False Claims Act issues. His practice includes complex civil litigation and government or regulatory investigations. Mr. Haas has served as Counsel for National Security Law & Policy, National Security Division, U.S. Department of Justice; and Counsel to the Assistant Attorney General, Civil Division, U.S. Department of Justice. In these positions, he provided advice to senior leaders of DOJ on the most sensitive national security, privacy, telecommunications, law enforcement, and intelligence issues and litigation facing the federal government and their impact on the private sector. Mr. Haas has participated in numerous interagency policy initiatives, including efforts to modernize U.S. export control regulations. Mr. Haas has substantial experience with the Electronic Communications Privacy Act, the Foreign Intelligence Surveillance Act, the USA PATRIOT Act, and the Wiretap Act, including the Intelligence Community’s right under U.S. law to collect, retain, and use information. A seasoned litigator, he has addressed numerous related issues in civil and criminal litigation, including the invocation of the military and state secrets privilege, the defense of DHS, TSA, and other regulatory agencies, and the U.S. Government’s litigation position on the applicability of certain federal laws to privacy class actions. He is a member of the National Defense Industrial Association.
- Nick Oldham is Counsel in the firm’s Data, Privacy & Security Practice Group. His practice includes cybersecurity; data breach; and privacy issues, including investigations and litigation. Mr. Oldham served as Counsel for Cyber Investigations, National Security Division, U.S. Department of Justice; and an Assistant United States Attorney, Northern District of Georgia (Atlanta), U.S. Department of Justice.
- Greg Smith is Counsel in the firm’s International Arbitration Practice Group. His practice includes representing clients in government procurement matters related to national security and the defense industry, including bid protests and disputes with the government. Mr. Smith also counsels clients contemplating contracts or grants in the defense industry. Prior to entering law school, Mr. Smith served in the United States Navy.