A former U.S. Marine Corps infantry captain and member of the Secretary of the Navy’s staff, Brian E. Kaveney founded and leads the Industrial Security practice area, which serves clients across the U.S. and abroad. Brian has earned a national reputation in security clearance, government contracts (i.e., federal contract issues) and federal administrative and regulatory issues. Industry organizations often invite Brian to speak, train and educate companies and their employees about industrial security issues to prevent problems and ensure proper reporting.
Focusing on industrial security and litigation, Brian employs a disciplined approach advocating strong prevention solutions and collaboration with the U.S. Government to avoid disruptions such as costly delays or enhanced scrutiny from certain agencies of the Department of Defense (DoD), such as the Defense Counterintelligence and Security Agency (DSS).
Brian serves as outside general counsel to companies across the country, including foreign companies establishing operations in the U.S. This includes issues such as corporate governance, efficient contract processes and analyzing various hurdles such as required visas.
Brian is a frequent speaker and author on a variety of legal topics and he has been quoted by major national publications on industrial security law. He has served as a source and been quoted in articles by Bloomberg, Reuters, Business Insider and other publications. Brian maintains a presence on legal topics in Missouri and Illinois. For example, Brian has published extensive articles on tort reform and the common interest rule. His articles have been cited by judges in their opinions.
Administrative/Regulatory Industrial Security Law
(Security and Facility Clearance Law)
Brian’s experience includes government contracting, legal compliance, internal investigations and defense of government actions before certain agencies of the DoD such as the Defense Office of Hearings and Appeals (DOHA). When possible, he employs a collaborative approach with the U.S. Government, focusing on cost-effective solutions to save clients time, money and reputational harm. Brian has established strong compliance and industrial security programs for government contractors, universities and other facilities. He and his team conduct extensive review of candidates and screen certain employees for employers to reduce risk exposure.
In the facility clearance (FCL) context, concerns relating to Foreign Ownership, Control or Influence (FOCI) often arise due to the global market. Brian anticipates, negotiates and implements the appropriate structures to mitigate and comply with FOCI issues under the National Industrial Security Program Operating Manual (NISPOM).
Brian and his team of former DSS officials guide cleared companies to address regulations and prevent undue influence from foreign entities, while enabling companies to successfully perform in a FOCI environment.
Brian and his industrial security team routinely assist cleared contractors in building, maintaining and defending robust insider threat programs to comply with applicable regulations and effectively protect important organizational assets. Depending on the objectives of the organization, Brian works closely with functional leaders to implement the appropriate insider threat program.
Individual Clearance Cases
If a key, trustworthy employee faces a security clearance revocation or denial, Brian and his team analyze the allegations and then mitigate or explain the security concerns to obtain favorable decisions for the individual at the earliest opportunity. This approach can eliminate the need for the individual to appear before a judge or panel, which can be costly and unpredictable.
Brian has extensive experience winning matters already in dispute before various tribunals, including DOHA and other U.S. agencies. He has prevailed in cases before these agencies on behalf of executives and key trustworthy employees by presenting the appropriate mitigating evidence. For the last decade, he has earned a reputation with the U.S. Government, particularly DOHA, for presenting thorough evidence to prove that the individual is trustworthy to obtain or maintain a security clearance and handle classified information.
Numerous legal journals and industry periodicals have published Brian’s articles. He has served as an expert witness in this context in litigation matters. Further, national publications such as Reuters and Bloomberg have interviewed and quoted Brian as a source for industrial security matters.
Government Contract Challenges
Brian and his team of lawyers and non-lawyers (including retired government contractor security professionals) work to ensure clients anticipate changing policies and procedures within the U.S. Government, particularly the DoD. The team guides privately held entities, foreign-owned entities and publicly traded companies in maintaining and adhering to the appropriate rules, regulations and unique procedures. For example, the team has coordinated several successful novations under significant time constraints that required coordination across multiple agencies.
Outside General Counsel
In his role as outside general counsel, Brian uses his Marine Corps infantry and legal training to consider the structure, vulnerabilities and efficiencies of the business’ operations. Brian and his team implement strategies using lessons learned to enable businesses to plan for various contingencies. Additionally, Brian ensures that companies are ready to deal with challenges quickly and efficiently so that they may remain focused on growth and other business objectives. The team learns the business and focuses on issues such as mergers and acquisitions and employment issues.
In the area of corporate law, Brian provides counsel on business law and corporate governance matters, as well as orchestrates joint ventures involving multinational entities and transactions. He implements plans and preventative measures to reduce risks and avoid litigation.
However, when litigation cannot be avoided, Brian represents clients in a wide range of matters, including breach of contract, noncompete agreements, trade secrets, confidentiality and fiduciary duty matters, shareholder disputes and employment matters. He has served as trial counsel in state and federal courts in Missouri and Illinois as well as administrative hearings across the U.S., such as before DOHA.
Honors & Awards
Brian was selected as one of 163 attorneys under the age of 40 to be a National Law360 Rising Star in the aerospace and defense field. In addition, he received the Society Award from the Society of Industrial Security Clearance Professionals (NCMS) and was recognized as a "40 under 40" honoree by the St. Louis Business Journal. He was named an "Up and Coming Lawyer" by Missouri Lawyers Weekly and a Missouri/Kansas Super Lawyer®.
In addition, Brian co-authored an article on mitigating insider threats for the Association of Corporate Counsel’s ACC Docket magazine, which was selected for a 2018 Burton Award for Distinguished Legal Writing. The Burton Awards program is run in association with the Library of Congress, and the article was selected among those submitted by the nation’s most prestigious and largest law firms.
Brian uses his legal knowledge, particularly with respect to compliance and corporate governance, to counsel charities. For example, he takes pride in donating his time to charitable organizations that serve veterans suffering from PTSD and those that help veterans and their families, particularly during challenging, long deployments, such as the Injured Marine Semper Fi Fund.
- Saint Louis University School of Law (J.D., 2005)
- College of the Holy Cross (B.A., cum laude, 1998)
- French Honor Society, Member
- U.S. District Court, Eastern District of Missouri
- U.S. District Court, Southern District of Illinois
- The Society of Industrial Security Professionals (NCMS) (Ethics Committee, 2013-present)
- National Defense Industrial Association (NDIA)
- The Missouri Bar
- Illinois State Bar Association
- Lawyers Association of St. Louis
- Missouri Organization of Defense Lawyers
- American Society for Industrial Security
Charitable and Civic Involvement
- Injured Marine Semper Fi Fund (Adviser)
- Focus Marines Foundation - Serving Wounded Warriors (Adviser to the Board)
- USO of Missouri Inc. Young Leaders Board (Founder and Former Member)
- Missouri Friends of Injured Marine Semper Fi Fund (Former Board Member)
- Marine Corps—Law Enforcement Foundation (Former Committee Member)
- Kids in Motion (Former Committee Member)
- Rebuilding Together—St. Louis
- Recognized with a Law360 Distinguished Legal Writing Award from Burton Awards for “How Employers Can Mitigate Insider Threats” (2018)
- One of 163 attorneys under 40 selected for the Law360 national Rising Star list in Aerospace and Defense (2014)
- Missouri/Kansas Super Lawyers®, Rising Star (2013-2016); Super Lawyers®, Business Edition
- Received 2013 Society Award from the Society of Industrial Security Professionals (NCMS)
- Recognized as a 40 Under 40 honoree by the St. Louis Business Journal (2013)
- Named an “Up and Coming Lawyer” by Missouri Lawyers Weekly (2008)
- Board of Governors of the Marine Corps Association Award, Captain and Honor Graduate (1998)
- Conversational French