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MSK advises clients on issues related to risk management and corporate compliance, regulatory inquiries and enforcement actions, government contracting opportunities, the development of security enhancement and breach detection technologies, information security, privacy, emergency preparedness, import/export, immigration, terrorism insurance, border security, and a host of other regulatory, business and legislative matters.

We have developed close and effective working relationships with the many governmental agencies and entities that now interface with the DHS, including the Departments of Commerce, Defense, State, Agriculture and the Treasury, the Food & Drug Administration (FDA), Transportation Security Administration (TSA), Federal Trade Commission, Environmental Protection Agency, Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms, Office of Foreign Assets Control, Bureau of Border Security, U.S. Trade Representative, U.S. Customs and Border Protection, International Trade Commission, U.S. Citizenship and Immigration Services, Federal Emergency Management Agency, U.S. General Services Administration, Federal Emergency Management Agency, Federal Maritime Commission, among others.

As counsel to the security services industry for over fifty years, our attorneys regularly advise and assist foreign and domestic companies regarding government contracts and financings, as well as mergers and acquisitions, licensing, and regulatory issues within the security, manufacturing, trade and defense arenas. We help clients identify and pursue private financing, government grants and funding opportunities. We also advise them concerning the development of new technologies for breach detection and security enhancement, biotechnology and biological defense, environmental protection and other emerging security and protection initiatives.

The United States’ growing focus on internal security and anti-terrorist protections has resulted in new and expanded federal powers to control the movement of goods across and within our borders. This has had a dramatic impact on international trade and commerce. We assist clients to develop cost-effective export/import compliance programs, address the classification, valuation and admissibility of goods, conform to U.S. multilateral and bilateral trade agreements, adhere to anti-money laundering, anti-dumping and countervailing duty regulations, advise regarding shipping and admiralty issues, identify and solve problems, mitigate or avoid duties and taxes, and comply with IRCA requirements. We have written and lectured extensively on E-Verify, C-TPAT, AEO, and the importance of establishing and updating supply chain security programs, in addition to helping our clients to navigate the complex and evolving regulatory environment, including the new Chemical Facility Anti-Terrorism Standards (CFATS). Our attorneys counsel clients regarding the transportation of hazardous materials, food, drugs and other highly regulated cargo into and across the U.S. and the preservation of intellectual property rights.

Concern for Homeland Security is perhaps most evident in the increasing complexity and uncertainty surrounding the legal process for immigration into the U.S. Our attorneys offer seasoned expertise and a nuanced understanding of the hurdles employers now face in recruiting technical and creative employees into the country for short- or long-term stays. E-Verify, ESTA and other emerging authorization procedures, coupled with changing visa application requirements and timetables, necessitate the comprehensive immigration practice for which MSK is well known.

Our Homeland Security team is particularly skilled in assisting clients to respond to regulatory inquiries, internal and external investigations, compliance audits and enforcement actions, civil and criminal. We help clients assess and manage business risk, develop strategic and compliant business practices, institute emergency preparedness measures, employ an appropriate information technology infrastructure, and take other steps necessary to ensure business continuity in an emergency situation. In addition, our attorneys advise clients concerning matters of corporate compliance, due diligence, cyber security and privacy.

Spotlight

MSK maintains an active Homeland Security practice which addresses the transactional and regulatory issues arising out of the events of 9/11, at the federal and state levels. The firm’s unparalleled experience in the security services industry, coupled with its nationally recognized expertise in the areas of immigration and international trade, enables MSK to provide clients with skilled counsel in the many areas administered by the Department of Homeland Security (DHS) and other agencies with related responsibilities. 

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