National Security
About
What is national security?
National security laws and regulations refer to the measures a state takes to protect its citizens, institutions and economy from threats, both domestically and globally. Guarding against these threats—which can be external or internal—requires vigilance across a range of areas, from economic and military security, to cybersecurity, to homeland security and the safety of critical infrastructure.
Unless required to respond militarily, governments typically use policies and regulations, such as foreign direct investment (FDI) reviews and export controls, and economic restrictions, such as sanctions, to address threats. The widespread availability of AI technologies to bad actors, whether states, individuals or organizations, adds a further layer of complexity, as does the growing trend of government influence in markets.
National security and your business
As a result, states today are faced with an ever-expanding, ever-evolving list of national security concerns, all of which White & Case is uniquely positioned to advise on. These include:
- Geopolitical risks: Assessing and managing legal, technological, and policy risks associated with operating in or engaging with countries that may pose national security threats
- FDI and CFIUS reviews: Navigating the Committee on Foreign Investment in the United States (CFIUS) and ex-US FDI processes and considerations for cross-border transactions
- Data privacy and cybersecurity: Protecting the nation's digital infrastructure from cyber threats to sensitive information, including hacking, data breaches and espionage
- Compliance with regulations: Adhering to laws and regulations including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and the False Claims Act
- Supply chain security: Ensuring that suppliers and partners do not pose risks, such as being linked to sanctioned entities or countries, or use forced labor
- Intellectual property protection: Safeguarding proprietary technology and trade secrets, especially those with national security implications
- Critical infrastructure protection: Ensuring the security and resilience of critical systems and infrastructure
- Insider threats: Mitigating risks posed by employees or contractors who may have access to sensitive information
- Security clearances: Obtaining and maintaining security clearances to perform on classified contracts in support of the US Government, including addressing and complying with foreign ownership, control or influence (FOCI) mitigation requirements
Our National Security team
Our National Security team includes a deep bench of former government officials who served in senior positions at regulatory agencies, including the US Departments of Defense, Justice, Treasury (including OFAC) and Commerce, as well non-US government agencies and ministries across the globe. Our understanding of the world's intricate regulatory environments, policies and shifting geopolitical contexts positions us to advise on all types of national security matters that keep citizens and societies safe.
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Awards & recognition
Ranked Band 1:
Chambers Global 2024: International Trade/WTO
Chambers USA 2024: CFIUS Experts
Chambers USA 2024: Litigation: General Commercial (Highly Regarded)
Ranked Tier 1:
The Legal 500 USA 2024: CFIUS
The Legal 500 USA 2024: Trade Remedies & Trade Policy
The Legal 500 USA 2024: International Litigation
Nationally Ranked:
The Legal 500 USA 2024: Customs, Export Controls & Economic Sanctions
Chambers USA 2024: Export Controls & Economic Sanctions (The Elite)
Chambers USA 2024: White Collars/Investigations (Highly Regarded)
International Trade Practice Group of the Year: 2015, 2022, 2023
Law360
"Global Elite" – Global Data Review, GDR 100 2024
Visit our International Trade page
Visit our Economic Sanctions & Export Controls page
Visit our Foreign Direct Investment (FDI) Reviews page
Visit our White Collar/Investigations page
Visit our Commercial Litigation page
Visit our Data, Privacy & Cybersecurity page
View our Regulatory & Compliance page
Visit our Intellectual Property page
