National Security Law deals with the complexities of doing business with the federal government in the intelligence, national defense and homeland security arenas. In addition to representing clients in appealing their negative clearance decisions, we offer a wide range of services to assist clients in this narrow, highly focused and intense area of the law.

Government employees or contractors may be accused of violating federal law or obscure regulations that control and limit certain actions is especially when dealing with the surveillance of U.S. citizens such as USSID 18 and other intelligence directives. They may also be the target of Inspector General investigations of misconduct, waste or abuse, fraudulent claims, defective pricing, and allegations of improper conduct. Frequently national security issues are intertwined with federal contracting issues when dealing with the defense, intelligence and homeland security federal sectors. The national security envelope adds an additional layer of complexity to the already complicated realm of dealing with the federal government.

A contractor may desire to enter into a Cooperative Research and Development Agreement (CRADA) with a federal government laboratory to pursue a technical area of mutual interest, but lacks a complete understanding of the process. A CRADA creates a contractual relationship between government and contractor in which the government can provide manpower, equipment, intellectual property and facilities in order to foster the research and development of mutually-beneficial technologies. In return, the contractor provides similar contribution and potential funds. It is imperative that the legal, business, technology, and security implications be evaluated prior to entering into a CRADA. The respective intellectual property rights of all parties must be analyzed, and the CRADA carefully drafted to ensure those interests are protected.

Another form of agreement between the government and those who do business with it is a Memorandum of Understanding (MOU), in which broad parameters are set, creating the foundation for a working relationship which is tailored to the specific situation. Sensitivity issues concerning disclosure of even unclassified information may need to be addressed.

Occasionally a company which contracts with the government may encounter foreign ownership or control situations which presents complications which must be addressed to the government’s satisfaction.

HENAULT & SYSKO, CHARTERED, founded by two members of the intelligence community, is sensitive to the complexities of doing business for and with the government and committed to assisting the Client to achieve its lawful business objectives.