HOMELAND SECURITY: DESCRIPTION

The Department of Homeland Security and the promulgation of new laws and regulations related to homeland security are having a major impact on businesses, state and local governments, universities and other research institutions in the United States. These changes are affecting all sectors of our economy on a wide range of issues. Affected sectors include:

Possible government intervention includes imposition of new reporting obligations, restrictions on hiring, increasing industry product standards, adding security compliance requirements and increased scrutiny of information once considered private. Even absent further government action, public companies and institutions are now required to conduct compliance reviews and certify compliance under Sarbanes-Oxley, including consideration of security vulnerabilities. All entities - public and private - are also increasingly vulnerable to tort liability for failing to address known security threats. Without undertaking risk mitigation strategies, these potential liabilities could easily cripple or destroy the financial well-being of an entity should an act of terrorism occur.

In addition, changes to procurement rules, combined with vast new opportunities for federal, state and local government contracts and grants, also are substantially altering the manner in which the government conducts its business.

McKenna Long & Aldridge LLP has been active in homeland security initiatives from the beginning. We have provided leadership in legislative proceedings, consultations with security agencies and the White House and spoken at numerous conferences. Our Homeland Security practice group combines our expertise in government procurement and defense issues, public policy and regulatory affairs, international trade, compliance programs, product liability and risk mitigation, insurance, human resources issues and other matters affecting business operations.

Providing Leadership and Guidance

As the largest and most experienced global government procurement practice, MLA has already made its mark in homeland security initiatives. We have provided thought leadership on homeland security issues in legislative proceedings on Capitol Hill, consultations with security agencies and the White House, and at numerous industry seminars and conferences. Our efforts on behalf of clients in both commercial and lobbying matters set the standard in the homeland security arena.

In addition to monitoring new security requirements and federal standards related to homeland security, we have worked, and continue to work with clients to:

Implement the protections provided by the SAFETY Act for all providers of anti-terrorism technology.
Create protections for the biodefense industry through implementation of Project BioShield.
Identify and pursue business opportunities, both with solicited and unsolicited proposals to federal, state and local government agencies.
Establish policies, procedures and programs to ensure compliance with new laws and regulations, such as the USA PATRIOT Act.
Audit business practices, including risk management and hiring and security procedures, to address liabilities associated with homeland security requirements.
Review contracts for product liability risk/mitigation plans, including maximization of federal indemnification.
Shape the policies and regulations affecting homeland security.
Establish internal procedures to protect clients against the new statutory and regulatory homeland security requirements.
Represent clients in defense of allegations of violation of homeland security requirements.