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Industrial Security Law

Federal government contractors trust our industrial security attorneys and industry professionals to regulate, investigate, and litigate national security issues. Led by former U.S. military infantry officers, the Armstrong Teasdale Industrial Security practice group is deeply experienced in personnel security clearance (PCL) law, facility clearance (FCL) regulation, national security contracting, and internal contractor investigations.

Contact our Industrial Security practice group leaders Brian Kaveney and Tod Stephens, ISP®.

Industrial Security Leadership

Founded and led by Brian Kaveney, an experienced litigator and former U.S. Marine Corps infantry captain, our Industrial Security practice group aims to reduce compliance risk and prevent litigation problems. Brian has a national reputation in industrial security law and is frequently asked to counsel senior business leaders and large organizations across the country. Brian employs a disciplined approach to industrial security issues, advocating strong prevention programs and collaboration to avoid costly delays.

The operations of our Industrial Security practice group are led by Tod Stephens, ISP®, a courtroom attorney and MBA with extensive industrial security experience. Tod is a combat-wounded U.S. Army infantry major who fought in Iraq for three years. Valued as an industrial security educator, Tod speaks frequently to companies and professional societies across the nation.

Personnel Security Clearance Law

Experienced security managers and Facility Security Officers (FSOs) know that many security clearance denials can be avoided by prudent, proper and honest disclosures on an SF 86 (e-QIP). Our security clearance attorneys and industrial security professionals strongly advocate for meaningful and cost-effective SF 86 counseling and SF 86 review to maximize the likelihood of timely, favorable security clearance adjudication. Our skilled security clearance attorneys can help security clearance applicants and security officers spot and mitigate security concerns in an SF 86 before submission, including Financial Considerations (Adjudicative Guideline F), Foreign Influence (Adjudicative Guideline B), and Personal Conduct (Adjudicative Guideline E), among others.

When a trustworthy key employee or Key Management Personnel (KMP) is facing an initial security clearance denial or an existing security clearance revocation, our security clearance attorneys defend against the Statement of Reasons (SOR), Notice of Determination (NOD), Interrogatories, and other due process actions. Our security clearance lawyers help trustworthy individuals investigate and explain mitigating evidence in response to a Statement of Reasons (SOR) or Notice of Determination (NOD) in line with the Adjudicative Guidelines used by the Department of Defense Consolidated Adjudication Facility (DOD CAF), the agencies of the U.S. Intelligence Community, and the other executive branch departments. Our security clearance lawyers defend trustworthy cleared personnel against security clearance denials during security clearance hearings and personal appearances at the Defense Office of Hearings and Appeals (DOHA) and other government agencies.

Our security clearance lawyers have assisted trustworthy cleared personnel in nearly every state and defend security clearances regularly in Texas, Washington, Florida, Virginia, California, Arizona, Connecticut, Kansas, New York, Alabama, and Washington, D.C. Dedicated to national security, our security clearance lawyers have advised deployed personnel in Afghanistan, Iraq, and other contingency locations.

Experienced Facility Security Officers (FSOs) and business leaders know that personnel security clearance (PCL) issues can quickly impact a company’s facility clearance (FCL). When adverse information about a cleared individual comes to the attention of a cleared contractor, our security clearance lawyers help Facility Security Officers (FSOs) minimize corporate and personal legal risk in reporting the information properly, including facts presenting personnel security clearance (PCL) issues under Adjudicative Guideline G (Alcohol Consumption), Adjudicative Guideline E (Personal Conduct), Adjudicative Guideline F (Financial Considerations), and Adjudicative Guideline J (Criminal Conduct), among others.

Facility Clearance Regulation

Federal contractors trust the Armstrong Teasdale Industrial Security practice group to obtain, maintain, and protect facility clearances (FCLs). Well-versed in the National Industrial Security Program Operating Manual (NISPOM), our facility clearance attorneys and professionals work alongside Facility Security Officers (FSOs), Key Management Personnel (KMP), and Insider Threat Program Senior Officials (ITPSOs) to build, maintain, and defend industrial security programs and facility clearances. Our facility clearance professionals routinely prepare facilities for successful Defense Security Service (DSS) Security Vulnerability Assessments and other Cognizant Security Agency (CSA) inspections, in line with the NISPOM and facility clearance best-practices.

When a reputable company or facility is facing a facility clearance invalidation or facility clearance administrative termination, our facility clearance attorneys guide the Facility Security Officer (FSO) and Senior Management Official (SMO) in mitigating vulnerabilities, establishing compliance with NISPOM requirements, implementing Defense Security Service (DSS) or other Cognizant Security Agency (CSA) guidance, and reestablishing the facility clearance. Our attorneys know that facility clearance invalidation can endanger a company’s reputation, performance, and survival, and our facility clearance professionals are experienced in leading Facility Security Officers (FSOs) and Key Management Personnel (KMP) from facility clearance invalidation back to full NISPOM and CSA compliance.

Our facility clearance attorneys have significant experience assisting Government Security Committees (GSCs), Outside Directors (ODs), and Facility Security Officers (FSOs) of facilities with existing, new, or potential Foreign Ownership, Control or Influence (FOCI). Our facility clearance attorneys assist FOCI companies in completing, updating, and monitoring a Certificate Pertaining to Foreign Interests (SF 328) in line with NISPOM requirements. Armstrong Teasdale’s facility clearance attorneys protect contractors in negotiating compliant FOCI mitigating instruments like Special Security Agreements (SSAs) and in executing FOCI implementation procedures like Affiliated Operations Plans (AOPs). Our facility clearance attorneys help Government Security Committees (GSCs), Outside Directors (ODs), and cleared corporate officers comply with legal, regulatory, and corporate requirements during committee proceedings, board meetings, and government inspections.

Armstrong Teasdale’s facility clearance attorneys help Insider Threat Program Senior Officials (ITPSOs), Insider Threat Program managers, insider threat analysts, Facility Security Officers (FSOs), and in-house counsel legally navigate Insider Threat Program requirements and minimize legal risk when submitting adverse information reports, incident reports, and self-certifications in line with the NISPOM and facility clearance requirements.

National Security Contracting

National security contracting presents special legal and regulatory challenges, and Armstrong Teasdale’s Industrial Security practice group is well-equipped to help federal contractors with government contract novation, subcontracting, contract management, and security issues. Our industrial security attorneys assist federal contractors with Federal Acquisition Regulation (FAR) contract novation, as well as the management of security requirements mandated by DD 254s and other security classification specifications.

Internal Investigations

Based on their unique backgrounds and experiences, our Industrial Security practice group attorneys are frequently called upon by our clients to lead or oversee internal investigations related to contract performance, financial management, whistleblowing activity, fraud, and employee misconduct. With specific insight into potential personnel security clearance (PCL), facility clearance (FCL), and security risks, our industrial security attorneys help federal contractors conduct meaningful and cost-effective investigations to minimize losses and legal liability. As experienced litigators, our industrial security attorneys help in-house counsel and security managers minimize corporate and personal legal risk and protect key assets like facility clearances (FCLs) during internal investigations.

Contact our Industrial Security practice group leaders Brian Kaveney and Tod Stephens, ISP®.