King & Spalding’s National Security practice supports organizations as they navigate, consider, 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.
To view our "Team List and Short Biographies," click the below link for more information.