National Security

Anti-bribery/Anti-corruption

• Leading self-reporting to both the SEC and DOJ and orchestrating all remediation efforts on behalf of Ralph Lauren Corporation for conduct in Argentina, including risk assessments, compliance and training reviews and implementation, and negotiating precedent-setting dual non-prosecution agreements (NPAs) with the SEC and DOJ.
• Drafting and implementing anti-corruption compliance policies and procedures including the Local Compliance Officer Handbook and third-party due diligence materials for a medical device manufacturer.
• Advising a publicly traded company during its pre-acquisition due diligence and post-acquisition due diligence of acquiree’s operations in South America, including an investigation involving in-country interviews, document collection and review, compliance policy assessments, and coordination with the client in conducting a post-acquisition risk assessment and compliance program implementation.
• Representing Magyar Telekom Nyrt. during a six-year internal and DOJ/SEC investigation concerning conduct in southeastern Europe, helping the company defend itself, revamp its anti-corruption program and controls, negotiate a two-year deferred prosecution agreement (DPA) with the DOJ and Consent Settlement with the SEC, draft annual DPA compliance reports to the DOJ and SEC, and secure dismissal of the criminal information upon conclusion of the DPA.

CFIUS and Team Telecom

• Identified national security implications in a number of potential transactions, advised clients on whether to submit a voluntary notice to CFIUS, and counseled clients through every stage of the CFIUS review process.
• Obtaining CFIUS approval on a complex global transaction involving a leading automobile parts manufacturer.
• Representing a private equity firm in the sale of a U.S. portfolio company engaged in the manufacture of advanced composite materials used in aircraft (among other industries) to a Turkish strategic buyer in a CFIUS review.
• Obtained CFIUS clearance for a transaction involving a U.S. engineering services firm and a minority investment by an Australian defense contractor.

Cybersecurity and Data Privacy

• Representing one of the largest U.S. insurance companies in litigation against a global pharmaceutical company involving the highly publicized NotPetya cyber-attack. The dispute involves up to a $1 billion loss due to this significant network interruption that public reporting has attributed to a nation state actor.
• Representing a U.S. technology company in an investigation by the Federal Bureau of Investigation (FBI) and DOJ into the “Cloud Hopper” cybersecurity attacks that compromised the networks of several major companies and were led by a hacking group working for China’s Ministry of State Security known as Advanced Persistent Threat 10 (APT10 Group). The investigation resulted in a federal indictment of the hackers in 2018.
• Managing a multi-year investigation of global operations for a technology company regarding advanced threat actors targeting the company and its customers. Our response activities included Five Eyes coordination, high level briefings, government document demands, and regular engagement and technical exchanges with federal law enforcement, all of which resulted in the indictment of two foreign hackers associated with APT 10.

Government Contracts/Classified Contracting

• Advising several clients on reporting and other obligations under the National Industrial Security Program Operating Manual (NISPOM).
• Assisting businesses in the classified space to navigate the process for obtaining facility security clearances.
• Advising companies on Defense Federal Acquisition Regulations Supplement (DFARS) rules on safeguarding classified and other controlled or sensitive government information entrusted to them.
• Conducting a comprehensive physical security assessment and providing a gap analysis for major government contractor, in coordination with a technical expert, and assisting on developing a best practice compliance program.

National Security Investigations and Litigation

• Representing an individual in an investigation arising out of the 2016 U.S. presidential election and related activities.
• Representing a former federal agent in a criminal investigation regarding issues of foreign influence.
• Representing multiple current and former government officials in connection with security clearance renewal and related issues.

Sanctions, Export Controls, and AML

• Representing a non-U.S.-headquartered bank relating to the DOJ’s criminal money laundering investigation of the $4 billion 1MDB embezzlement scandal, resulting in non-prosecution.
• Representing the former chief AML officer of a large U.S. bank before the DOJ in a criminal Bank Secrecy Act (BSA) investigation, leading to a declination to prosecute by the DOJ, and successfully representing the same person in a civil BSA investigation before the DOJ and the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN).
• Successfully representing a Fortune 100 manufacturer in responding to an Office of Foreign Assets Control (OFAC) subpoena relating to the company’s lawful sales into Iran during the Joint Comprehensive Plan of Action (JCPOA).
• Securing the first exemption granted by the UN Security Council’s Committee Established Pursuant to Resolution 1718 to a non-governmental organization for export of otherwise controlled products to North Korea as part of a multidrug resistant treatment program.
• Responding to, and successfully closing without penalty or a finding of violation, an OFAC subpoena related to a Russia sanctions matters on behalf of a U.S. information and software provider.
• Responding to, and successfully closing without penalty or a finding of violation, an OFAC subpoena relating to transactions conducted from Iran, Syria, and North Korea by a cryptocurrency exchanger.
• Representing a U.S. exporter and its Japanese parent in a directed disclosure involving the export of microelectronics technology to Hong Kong that was transshipped to China. We prevailed in a reclassification of technology that resulted in no license required for China.