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National Security & Espionage

If Your Company Has Been Implicated in a Threat to National Security or is the Target of Espionage, There is No Time to Waste. The Risks in These Situations Can Be Substantial, and Indecisiveness Can Be Extraordinarily Costly.

Among all of the federal government’s top law enforcement priorities, none are higher on the list than combatting threats to national security. For most companies most of the time, this is of little practical importance when it comes to their internal management and day-to-day operations. Most companies’ business operations do not touch on issues of national importance; and, even among those that do, their compliance policies and security protocols will usually keep them safe from federal scrutiny. But, when issues arise, the stakes can be extremely high, and immediate responsive action is required.

What happens when you receive a federal subpoena? What happens when federal agents show up at your company’s offices, demanding information in relation to a matter of national security? If this is the situation in which you find yourself, you need to consult with a team of experienced professionals immediately.

Our Former Federal Agents have Deep Experience in Matters of National Security

At Oberheiden Risk Consultants, our corporate crisis management team is led by former federal agents who have deep experience in matters of national security. This includes experience in both the public and private sectors, and it includes matters ranging from domestic corporate investigations to protecting the United States against terrorism overseas. As a result, we have a unique perspective on what is at stake for corporations in matters of national security, and we know what corporate leaders need to say and do in order to mitigate their – and the country’s – risk in these extraordinarily complex and high-stakes matters.

Corporate Crisis Management Consultants Helping Companies Make the Right Decisions Regarding National Security Threats and Espionage

With regard to matters of national security and cases of espionage targeting corporate assets, our corporate crisis management team offers a full suite of consulting services focused on helping our clients appropriately engage with federal authorities while also protecting their own interests. Relying on our former federal agents’ decades of experience handling national security issues, we provide actionable advice and defense strategy recommendations designed to mitigate our clients’ risk and favorably resolve federal inquiries as efficiently as possible.

With our former federal agents’ national security backgrounds, we are able to consult with clients in all types of scenarios. This includes scenarios such as:

  • Cyberattacks that Result in Sensitive Corporate Data Being Compromised – From government contractors to biopharmaceutical research and development companies, many different types of corporate entities possess sensitive data which foreign interests may try to exploit. If your company has been targeted in a cross-border cyberattack seeking access to government or military-related information or novel research, our corporate crisis management team can help you respond appropriately.
  • Cyberattacks Targeting Government Contractors that Possess Classified Information – Government contractors that possess classified information, or that possess credentials for accessing classified information, are prime targets for foreign entities seeking to gain access to national secrets. As foreign entities are increasingly becoming more sophisticated in their cyberattacks, government contractors are constantly having to upgrade their cybersecurity measures in order to mitigate their risk of infiltration.
  • Physical Theft of Sensitive Corporate Data and Classified Government Information – While many threats to national security come in the form of cyberattacks, physical theft is also an issue for companies that possess sensitive and classified information. From employees to unaffiliated foreign nationals who are in the United States to target vulnerabilities in companies’ security protocols, risks for physical theft can present themselves in various was as well.
  • Foreign Government and Corporate Espionage Targeting U.S. Government Contractors – Espionage conducted by and on behalf of foreign governments and other foreign entities is a risk that few companies actively plan against. Yet, it is a very real concern for many corporations, and even those that undertake reasonable efforts to prevent espionage can find themselves implicated in situations involving threats to national security.
  • Import and Export Issues with National Security Implications – Companies that import and export raw materials, products, and data are vulnerable to attack by foreign entities with nefarious intentions. From exporting (or reexporting) assets or information to organizations in watchlist countries to importing goods that have been compromised by foreign entities, importing and exporting are activities that the federal government heavily scrutinizes for potential threats to national security.
  • Business Dealings with Specially Designated Nationals and Other Blocked Entities – Doing business with specially designated nationals (SDNs) and other blocked entities can raise national security concerns as well. The U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) is one of the primary federal enforcement authorities in this area, but various other agencies and departments investigate suspect transactions as well.
  • Attacks Targeting U.S. Companies’ Overseas Operations and Facilities – In addition to domestic attacks, companies with overseas operations and facilities must also adequately protect against the risk of attacks targeting their foreign assets. With our global capabilities, we are able to effectively assist companies with matters of national security in countries around the world.

What We Do: Helping Companies Respond to Espionage and Other Threats to National Security

In the areas of national security and espionage defense, we offer comprehensive assistance with all aspects of emergency response and corporate risk mitigation. This includes conducting investigations and advising corporate executives and boards of directors with regard to:

1. Identifying the Point and Means of Intrusion

Unless the circumstances dictate otherwise, our first priority will be to identify both the point and the means of intrusion. Once we determine how and where your company’s security systems failed, we can then assess what steps are necessary in order to reestablish your company’s secure physical or logical perimeter. This is an area in which our former federal agents specialize, and we have the technological tools and resources required to understand even the most complex of foreign infiltration schemes.

2. Assessing the Information that has Been Compromised

In addition to determine how your company’s security was compromised, we will also determine what information was compromised. This is absolutely critical in order to assess the full scope of the threat to your company and to the nation’s security. Once again, we have the capabilities required in order to do this efficiently, effectively, and without any questions being left unanswered.

3. Interfacing with Federal Law Enforcement Authorities

Our former federal agents can advise your company’s leadership and key personnel with regard to any direct communications with federal law enforcement authorities, and we can handle much, if not all, of this communication on your company’s behalf. While it is important for your company to be forthcoming, it is also important that your company not unnecessarily share any information that could enhance its risk of litigation.

4. Establishing Defenses to Individual and Corporate Liability

If there are indications that the government may be implicating your company in the national security threat due to inadequate security or other compliance failures, our corporate crisis management team can gather the evidence needed to defend against any allegations that may be forthcoming. We can also strategize with your company’s leadership and legal counsel in order to resolve any inquiries prior to enforcement action being taken.

5. Mitigating Risk Due to Security and Compliance Failures

If our investigation uncovers a security flaw or other compliance failure that either directly or indirectly contributed to the national security threat at issue, we can advise your company regarding the steps that are necessary to mitigate any potential resultant risk exposure. Our former federal agents have extensive experience on both sides of federal law enforcement matters in this area, and we can use this experience to help you develop and execute a strategy focused on protecting your company’s assets and personnel.

6. Establishing and Implementing Appropriate Safeguards Against National Security Threats

Regardless of whether and to what extent any security flaws or other compliance failures may or may not have contributed to the breach, at this point, your company needs to make security and compliance top priorities. In addition to advising companies with regard to corporate crisis management, we also consult with companies nationwide with regard to all aspects of data security implementation and federal statutory and regulatory compliance.

7. Continuous Monitoring for Vulnerabilities and Enhanced Security Needs

Once your company’s security protocols and compliance policies and procedures have been fully implemented, we can provide ongoing monitoring, stress testing, and auditing services to ensure that they retain their effectiveness. We can also advise you when new developments necessitate upgrades and updates; and, in doing so, we can give you confidence that your company is taking the steps necessary to appropriately mitigate its risk of being targeted by foreign influences seeking to compromise the United States’ national security.

Contact Oberheiden Risk Consultants Today

If you need to speak with one of our former federal agents about a security breach with national security implications, we encourage you to contact us immediately. Members of our corporate crisis management team are available to respond 24/7. Call 214-692-2171 to reach us by phone, or tell us how we can reach you and a member of our team will be in touch shortly.

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Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.

– Marshall M.

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