National Security

Our National Security Team offers comprehensive services, including:

Anti-Money Laundering (AML)
As multilateral cooperation grows and enforcement efforts are more coordinated than ever, we help clients understand the multifaceted interplay between traditional AML rules, sanctions policies, counterterrorism and counter-proliferation efforts, anti-corruption sensitivities, tax compliance and ever-changing technology. Our lawyers are former government officials, federal prosecutors and private banking counsel, with the necessary experience to advise clients on their most complex and sensitive matters.

Committee on Foreign Investment in the United States (CFIUS) and Foreign Investment
Our Chambers-recognized team regularly assists U.S. and non-U.S. businesses successfully navigate CFIUS, including obtaining CFIUS approval through formal Declarations and Joint Voluntary Notices, as well as responding to informal non-notified inquiries. We advise global investment funds and other foreign investors on CFIUS matters, from initial fund formation through deal closings, providing guidance on investment structure, CFIUS jurisdictional analyses and overall assessments of CFIUS risks for specific transactions. We have further assisted dozens of U.S. companies in conducting comprehensive export control and related regulatory analysis to determine whether they are a “TID U.S. Business” and also helped negotiate “mitigation agreements” with both CFIUS member agencies and the Defense Counterintelligence and Security Agency (DCSA) in parallel with the CFIUS process. We have extensive experience assisting clients in determining how the National Industrial Security Program (NISP) and other regulations and policies may affect operations, including implementing measures to comply with NISP Operating Manual rules on foreign ownership, control or influence (FOCI).

Corporate Transactions
Pillsbury attorneys have extensive experience in handling mergers and acquisition transactions that have a national security nexus. We are well-versed in the unique considerations that may be associated with such transactions—such as foreign investment risk, parallel regulatory notification and approval processes, negotiating representations and warranties, conducting due diligence and addressing compliance failures involving sanctions and export controls, Foreign Corrupt Practices Act and antibribery issues, as well as government contracts issues such as conflicts of interest, suspension/debarment, responsibility determinations, retroactive price adjustments and consent to subcontractors. For example, our experience enables us to streamline the security-related aspects of transactions involving entities with facility security clearances and mitigate potential FOCI issues.

Cybersecurity, Data Protection and Privacy
Recognized by The Legal 500 U.S. (2018 – 2021) as having one of the foremost Cyber Law practices, Pillsbury offers keen insight and steady guidance in connection with critical cybersecurity, data protection & privacy law issues. Pillsbury’s cross-disciplinary, multinational team has the skillset necessary to understand and properly respond to the broad spectrum of privacy and security considerations faced by companies today. Comprising regulatory authorities, litigators, transactional lawyers, intellectual property counsel, seasoned government contracts practitioners and legislative strategists, the team develops and implements tailored solutions to assess risks, address perceived threats and seize opportunities to fortify organizational defenses.

Economic Sanctions & Embargoes
Pillsbury’s Chambers-recognized Export Controls & Economic Sanctions practice helps clients navigate the many novel issues, opportunities and restrictions arising from recent dramatic changes in sanctions policies, including with respect to Iran, Cuba, Venezuela, Russia, China and other targeted sanctions programs. We have one of the broadest and most sophisticated export control/sanctions practices of any firm, with a large core team of 12 attorneys. Our practice is actively engaged in developing the law. Congressional staff contact our team for thoughts on draft legislation, including proposed sanctions-related bills involving Russia and Venezuela. We have been actively assisting numerous clients across the aviation, technology, energy, manufacturing and other sectors navigate the ever-evolving Russia sanctions landscape. We further undertake challenging work at the intersection of sanctions and AML for U.S. financial institutions, non-U.S. banks, national banking sectors of high-risk foreign jurisdictions and digital asset industry participants.

Export Controls
Pillsbury assists clients in interpreting the often complex requirements of the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Our clients include prominent companies from a wide range of industries, including in the defense, energy, aviation and technology sectors on all matters pertaining to export compliance and enforcement. We assist clients assess whether emerging technologies are covered by the export control lists and guide them through the classification processes at State and Commerce. We are at the forefront of advising on the intersection between export controls and CFIUS and what is considered critical technology. Additionally, as the United States has dramatically expanded use of Entity List designations and other restricted party lists under the EAR to respond to national security and foreign policy concerns, we have been one of the most active firms helping U.S. and non-U.S. clients react strategically to these developments. This includes undertaking comprehensive analyses of potential export transactions, including examining whether a particular customer might be a “military end user.” We also represent several Entity List companies, providing integrated compliance and advocacy support. We have also served as special international trade counsel advising on U.S. export control implications in connection with a company’s initial public offering on a foreign exchange.

Government Contracts & Disputes
Pillsbury has leading government contracts lawyers who focus on national security issues, including those who served as U.S. military officers and JAG Corps attorneys. Our team has experience in classified contracts and procurements issued by the Departments of Defense and Energy and the Intelligence Community. Additionally, our government contracts team routinely counsels U.S. and international government contractors in structuring and negotiating teaming arrangements, offset agreements and industrial security matters for defense contracting opportunities abroad.

A derivative focus within our leading government contracts and international trade practices, Pillsbury has deep experience navigating the complexities of the Foreign Military Sales (FMS), Direct Commercial Sales (DCS)/Direct Commercial Contracts and Foreign Military Financing (FMF) Programs. Pursuant to the Arms Export Control Act, the U.S. government provides U.S. defense articles and services to friendly countries and allies via FMS, DCS and FMF. Our attorneys have deep knowledge of the laws and regulations applicable to the U.S. government financing sales of U.S. articles and services via both the FMS program and Direct Commercial Contracts program. In particular, we counsel clients on the nuances of complying with the FMF programs, U.S. content and restrictions on Host-Nation content, among other things, including the intersection of such sales with U.S. export controls.

Government Relations
Pillsbury’s bipartisan government relations team is highly experienced in providing legislative and policy counseling on national security matters. Our team has deep ties across the Administration, including with the White House and Departments of State, Defense, Justice and Homeland Security. Our team members have worked on national security issues while in government, including both the Justice Department as well as when serving on the House Permanent Select Committee on Intelligence. Our government relations work includes lobbying on foreign policy matters and defense and intelligence authorization and appropriations issues, engaging Executive and Legislative branch officials on a variety of sensitive national security issues, including sanctions, export policy, treaty negotiations, human rights policies and diplomatic relations.

National Security Investigations and Litigation
Pillsbury’s nationally ranked Corporate Investigations & White Collar Defense practice helps clients effectively and efficiently resolve complicated criminal and regulatory investigations and enforcement matters. Our lawyers—many of whom are former federal prosecutors—work with government lawyers to resolve potential criminal liabilities; coordinate with foreign counsel to address international issues; interact with forensic accountants to address complex issues of data privacy, security and bank secrecy; and assist with disclosures to government agencies. Beyond defense work, we also provide strategic guidance to corporations and individuals on ways to avoid potential criminal liability, and help clients create, implement and audit corporate compliance programs.

Supply Chain Disruptions
Pillsbury advises clients on the impact of new U.S. government measures intended to secure U.S. supply chains across a variety of industries. Our International Trade team provides strategic guidance to multinational companies assessing the impact of the new U.S. Commerce Department framework to review the acquisition of covered Information and Communications Technology and Services (ICTS) from “foreign adversaries.” Our National Security team further assists U.S. government contractors assess compliance with Section 889 of the National Defense Authorization Act (NDAA), as well as imports subject to the Federal Communications Commission (FCC), both restricting certain dealings with covered telecommunications and surveillance equipment from specified entities.

Trade Remedy Proceedings and Section 232 National Security Investigations
Our International Trade lawyers have significant experience advising clients involved in Commerce Department national security import proceedings under Section 232, including advising clients in connection with recent investigations involving uranium, mobile cranes and neodymium magnets. We have also advised clients in connection with similar national security-related supply chain reviews conducted by the Departments of Energy, Defense, and Interior.

In addition, Pillsbury lawyers have extensive experience representing clients in trade remedy proceedings before the Commerce Department and the ITC involving complex topics. We also handle appeals to the Court of International Trade, the Court of Appeals for the Federal Circuit and the U.S. Supreme Court. Our representation has included advising a group of U.S. nuclear utilities in several cases involving nuclear fuel, including the first antidumping matter before the Supreme Court.

Our attorneys have also advised on ITC investigations under Section 332 and investigations by the Office of the U.S. Trade Representative of foreign country trade practices under Section 301.