National Security
National security issues don’t stay siloed: they shape transactions, operations, and investigations— ArentFox Schiff supports companies and investors operating in regulated, fast-moving, and often politicized environments.
Overview
Regulations in the national security space are evolving quickly, while globalization and cross-border operations continue to grow more complicated. Organizations face increasing scrutiny tied to cyber and financial threats, regulatory compliance, and shifting government priorities. ArentFox Schiff advises companies and investors operating in this environment and shares timely developments through our National Security Updates and Client Insights.
Our Focus
In today’s dynamic global business environment, national security risks are no longer limited to companies in specific industry sectors. Businesses of all types now often confront fast-moving regulatory requirements, heightened enforcement attention, and issues that can become politicized. ArentFox Schiff works with a range of companies and investors as they evaluate obligations, respond to compliance concerns, and manage risk associated with international trade, government contracting, cyber, data security, and financial threats.
Acting as strategic legal advisors, we support clients as matters develop—from understanding the regulatory landscape to addressing investigations and disputes when issues escalate. Our approach draws on integrated capabilities across regulatory requirements, policy advocacy, internal investigations, and complex disputes, while maintaining legal precision and fact-dependent guidance.
What We Do
- Advise on export controls and economic sanctions compliance issues and related enforcement risk.
- Counsel on foreign investment screening, including matters involving CFIUS.
- Support government contractors on regulatory requirements, compliance questions, and disputes that can arise in sensitive procurements.
- Conduct and manage investigations related to potential compliance issues in highly regulated environments.
- Address privacy, cybersecurity, and data protection considerations that intersect with national security and regulatory scrutiny.
- Provide government relations and policy advocacy support when legal and regulatory developments affect business planning.
- Help clients assess and respond to supply chain issues shaped by restrictions, security requirements, or geopolitical developments.
- Advise on False Claims Act exposure in matters where contracting and compliance risks overlap.
- Protect trade secrets and counsel on non-competes and employee mobility issues for high-tech and defense-adjacent organizations.
- Support communications planning for sensitive regulatory, investigative, or geopolitically driven issues where careful positioning matters.
Who We Help
- Academic Institutions
- Communications Companies
- Defense Manufacturers
- Government Contractors
- Foreign and Domestic Investors
- International Businesses
- Lending Institutions
- Start-Ups
- High-Tech Companies
How We Can Help
National security legal issues often surface at inflection points—when rules change, scrutiny increases, or a business decision triggers a new regulatory lens. We help clients navigate matters such as:
- Responding to rapidly evolving laws, regulations, and policy shifts affecting operations and investment.
- Assessing compliance risk tied to international trade, government contracting, and cyber, data security, and financial threats and intensified regulatory focus.
- Addressing potential compliance issues through internal review, investigation, and defensible decision-making.
- Managing disputes that arise in increasingly regulated and high-stakes environments.
- Coordinating public and private stakeholders where collaborative approaches are needed to address significant challenges.
Our Experience
ArentFox Schiff works with companies and investors operating in the national security space, supporting strategic decision-making in rapidly evolving, increasingly regulated, and sometimes politicized environments. Our experience reflects an integrated approach across regulatory requirements, policy advocacy, investigations, and complex disputes, with the goal of helping clients respond to changing circumstances while managing risk and maintaining legal discipline.
Frequently Asked Questions
When does a transaction raise national security or foreign investment screening concerns (including CFIUS)?
Transactions can raise concerns when ownership, control, governance rights, data access, or operational footprint implicate sensitive sectors or national security considerations. Whether review is required depends on the specific facts, parties, and activities involved.
What kinds of activities commonly create export controls or economic sanctions risk?
Risk can arise from cross-border shipments, software or technology transfers, services provided to certain parties or regions, supply chain relationships, and business dealings affected by changing restrictions. The analysis is highly fact-specific and often turns on classification, end use, and counterparties.
How do cybersecurity, privacy, and data protection issues intersect with national security compliance?
Cyber and data issues may overlap with national security obligations when systems, data sets, or services fall under heightened scrutiny, or when regulatory expectations increase due to sector, counterparties, or threat environment. Legal requirements can vary depending on industry, geography, and the nature of the data involved.
When should an organization involve counsel for investigations or compliance concerns in the national security space?
Early involvement can help organizations assess exposure, preserve key facts, and plan a structured response when compliance issues are suspected or when scrutiny escalates. The right approach depends on the circumstances, the applicable regulatory regime, and the nature of the risk at issue.
Key Contacts
-
Related Practices
- Related Industries