Overview
The defense industry is experiencing immense growth in the areas of technology, security, and manufacturing: software tools are getting smarter with the incorporation of artificial intelligence; new cybersecurity concerns arise daily; and there is a renewed push to develop more innovative products and technology to address escalating threats. As the industry rapidly advances, it does so in an environment of intense government oversight and regulation. Adroit leaders in this industry require a multi-disciplinary legal team to remain competitive for government contracts, maintain regulatory compliance, and avoid civil or even criminal scrutiny. Hinckley Allen, a full-service law firm, has the legal expertise and deep industry-focus to understand the challenges defense organizations face and provide prudent counsel and business advice. Our team includes former federal prosecutors (including a former National Security Chief and Navy JAG attorney) and industry-leading attorneys with extensive corporate, commercial, regulatory, white-collar defense, and litigation experience.
What We Do
There is a heightened sense of urgency in this regulatory arena with vigorous enforcement efforts targeted at government contractors and members of the defense industry. We work closely with clients in the defense and government services industry to navigate complex federal requirements and national security issues, thereby providing the best strategic and tactical solutions. Our seasoned practitioners with diverse areas of expertise advise clients on transactional matters, including government contracting and cybersecurity regulations, assist clients in implementing trade controls and sanctions compliance, conduct internal investigations, represent clients in governmental administrative and enforcement actions, and, when necessary, provide aggressive defense in criminal prosecutions and litigation.
Services
- Advise and facilitate compliance on U.S. export/import controls, sanctions, and trade embargoes;
- Assist with international trade and global security matters;
- Identify, mitigate, and advise on cybersecurity and national security concerns;
- Advise on government contracting and procurement regulations;
- Provide strategic regulatory and transactional assistance in corporate transactions and interactions with the government;
- Conduct due diligence on intellectual property and compliance issues in transactions, including mergers and acquisitions, antitrust, and private equity investments;
- Respond to government subpoenas and inquiries;
- Conduct internal investigations of any irregularities, regulatory issues, cybersecurity incidents or breaches, or insider threats;
- Work with companies to identify, manage, and remediate any risks prior to the initiation of governmental action or litigation and
- Provide rigorous white-collar criminal defense when government enforcement or litigation cannot be avoided.
Newsroom
Navigating Profound Change: CISA Announces Proposed Rule for Mandated Cyber Incident Reporting
April 9, 2024In 2025, new federal reporting requirements will require hundreds of thousands of organizations to report cyber incidents within hours of discovery to the United States Government, marking a significant impact on how organizations manage cyber incidents today. On March 27, 2024, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) issued its long-anticipated Notice of Proposed Rulemaking (“Proposed Rule”) comprising more than 400 pages to implement the Cyber Incident Reporting for Critical Infrastructure Act of 2022, 6 U.S.C. §§ 681-681(g)…
US launches counterattack in battle over data
March 19, 2024What is the impact of the latest Executive Order (EO-14117), aimed at preventing "countries of concern" from gaining access to U.S. sensitive personal data?
Jack Teixeira Pleads Guilty to Massive Leak of Pentagon Secrets
March 8, 2024B.She described the potential sentence of 16 years under the plea agreement for the willful retention and transmission of national defense information as one of the longest sentences ever imposed for this type of conduct. “The secrets that he posted about were extraordinary,"
Accelerated Scrutiny of AI Systems in 2024: The EU AI Act and the U.S. Strategy
January 9, 2024On December 9, 2023, representatives from the Council of the European Union, the European Parliament, and the European Commission agreed in principle on the world’s first comprehensive legal regulations for artificial intelligence – the European Union Artificial Intelligence Act (“the EU AI Act”).[1] The EU AI Act takes a risk-based approach to regulating AI. Its impact will be extremely broad, applying to any AI systems “placed on the market, put into the services, or used in the EU.” It bans any AI system that presents an unacceptable risk to fundamental human rights and democrac…
The 2023 Cyber Year in Review
December 19, 2023As we reflect upon 2023, it will unfortunately be remembered as a record-breaking year for ransomware and cybercrime. Data breaches have affected companies of all sizes and in every sector costing the United States billions of dollars in damages. Hackers are increasingly using double and triple extortion tactics that involve encryption, data exfiltration, and distributed denial of service attacks.
Regulating AI: Balancing Innovation and National Security
November 27, 2023Hinckley Allen Partner, B. Stephanie Siegmann, chair of the International Trade & Global Security group and co-chair of the Cybersecurity, Privacy & Data Protection group, analyzes national security concerns posed by advanced artificial intelligence ("AI") systems in the November 2023 issue of Export Compliance Manager. While the expansion of AI presents significant opportunity for advancements in many industries, it also introduces substantial potential dangers for national security and export controls.Regulating AI: Balancing Innovation and National Security.
Cybersecurity: The Evolving Threats, Liability Risks and Challenges
September 27, 2023The cyberthreat environment continues to grow more menacing. Over the last year, organizations have been faced with a weekly, if not daily, deluge of ominous cybersecurity alerts and advisories from law enforcement. Cyberattacks come in many forms – i.e., malware-based attacks, phishing, spoofing, zero-day exploits, denial-of-service attacks, supply chain attacks, and insider threats, among others – and are clearly on the rise.
The Critical Role of A Cyber Incident Response Plan in Today’s Cyberthreat Environment
March 8, 2023Your network has been hacked. What do you do? Who do you call? Who is in charge? These questions need to be answered quickly when your network is under siege by cybercriminals, but does your company know how to handle such a crisis on a weekend or during a holiday break when many cyberattacks are timed to occur so as to strike when your corporate defenses are at their weakest?No organization is immune from cyberattacks. As the last few years have demonstrated, it is not a matter of if your company will experience a cyberattack, but when. Indeed, in 2022, 47% of private businesses exp…
