Led by a team of former senior U.S. Government officials with deep experience in national security matters, Wiggin and Dana offers a suite of compliance, investigative, and advocacy expertise to companies and individuals grappling with national security issues. Our team includes:
- David Laufman, the former Chief of the Department of Justice’s (DOJ) Counterintelligence and Export Control Section, former Chief of Staff to the Deputy Attorney General, and a former Assistant U.S. Attorney for the Eastern District of Virginia;
- Kevin Carroll, former Senior Counselor to the Secretary of Homeland Security and a former case officer for the Central Intelligence Agency;
- David Ring, former Assistant U.S. Attorney and Anti-Terrorism Coordinator for the District of Connecticut, former Trial Attorney for the Department of Justice Public Integrity Section, and Director of Global Investigations for a Fortune 100 global defense contractor; and other former federal prosecutors with broad and diverse experience; and
- David L. Hall. Former Assistant U. S. Attorney for the Eastern District of Pennsylvania; former Assistant U. S. Attorney for the District of Delaware (national security coordinator); former naval intelligence officer (retired at the rank of Captain after thirty years of service, active and reserve, with DIA, ONI, the Joint Staff, and numerous joint and Navy commands).
Foreign Agents Registration Act (FARA)
Spearheaded by David Laufman, who recently oversaw FARA enforcement at DOJ, our team counsels companies and individuals regarding compliance with FARA, assists with registration filings and disclosure reports, and represents clients in administrative inquiries by DOJ’s FARA Registration Unit as well as in criminal investigations and prosecutions.
We counsel clients regarding transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS), as recently impacted by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). We assist clients in submitting voluntary notices of transactions when appropriate, represent parties in transactions under review by CFIUS, help to negotiate the mitigation of risks to national security when necessary, and otherwise provide representation before CFIUS to secure approval of the transaction.
Export Control and Sanctions Enforcement
In addition to counseling both domestic and international clients on compliance with U.S. export control and sanctions laws, we represent companies and individuals in regulatory investigations by the Bureau of Industry and Security at the U.S. Department of Commerce, the Office of Foreign Assets Control at the U.S. Department of the Treasury, and the Directorate of Defense Trade Controls at the U.S. Department of State. [insert links to ITC website] We also represent clients in all phases of criminal investigations and prosecutions regarding alleged violations of U.S. export control and sanctions laws. In this regard, our lawyers have overseen DOJ’s national enforcement of U.S. export control and sanctions laws, served as a State Department appointed monitor of a consent agreement, and have been selected by the State Department to conduct independent reviews.
We conduct internal investigations regarding insider threats, the theft of proprietary intellectual property or sensitive information benefiting a foreign government or entity (economic espionage), the spillage or potential compromise of classified information, and possible violations of U.S. export control and sanctions laws. In economic espionage cases where the Department of Justice has initiated a criminal investigation or prosecution, we assist cooperative victim companies by working to obtain protective orders and other measures to protect against the further compromise of intellectual property or reputational harm.
We assist companies in responding to government requests or compulsory demands for information, such as National Security Letters, criminal search warrants, and warrants issued pursuant to the Foreign Intelligence Surveillance Act (FISA). In addition, we represent clients in administrative and criminal investigations, Inspector General investigations, and congressional investigations in matters relating to national security.
In response to the heightened threat environment involving cyber intrusions and attacks, a large percentage of which emanate from foreign countries, Wiggin and Dana assists clients in establishing and maintaining minimum cybersecurity standards pursuant to the framework set forth by the National Institute for Standards and Technology (NIST), devising a cyber incident management plan in anticipation of a data breach, and helping to managing responses to cyber incidents – including working with law enforcement.
Industrial Security and Security Clearances
Our team assists government contractors in meeting the regulatory requirements of the National Industrial Security Program (NISP) and responding to issues relating to foreign ownership, control, or influence (FOCI) triggered by a foreign investment or acquisition. We also represent individuals in proceedings to suspend or revoke personal security clearances.