Morgan Lewis fields a team of lawyers and supporting professional staff well versed in classified-matter issues, with team members holding active security clearances issued by the US Department of Energy (DOE) and other federal agencies. We maintain our own DOE-approved facility equipped with communication channels that—depending on the matter at issue—allow us to work with classified information at our offices, thus reducing travel costs.
Our team advises on all phases of the classified information life cycle, from establishing hiring protocols and acquiring security clearances and foreign ownership certifications to mature programs involving investigations, government contracts disputes, and complex litigation. We assist clients on regulatory, environmental, transactional, and adjudicatory matters, and we work with government contractors on an array of complex legal, regulatory, contractual, and operational issues.
Morgan Lewis’s energy practice advises companies and individuals seeking to comply with US laws and regulations for handling and protecting National Security Information (NSI) and Restricted Data (RD), Safeguards information, Official Use Only information (OUO), nuclear export-controlled technology, critical infrastructure information, and sensitive, unclassified non-Safeguards information (SUNSI). Our team helps companies navigate National Industry Security Program Operating Manual (NISPOM) and Foreign Ownership, Control or Influence (FOCI) matters. Our lawyers keep up-to-date on Atomic Energy Act requirements for RD and the protection of sensitive nuclear technologies.
Our litigation team includes security-cleared lawyers and former federal prosecutors and senior government officials who have possessed high-level security clearances, including Top Secret/Sensitive Compartmented Information (TS/SCI) clearances. Our lawyers handle civil and criminal litigation involving classified information such as proceedings under the state secrets doctrine, the Classified Information Procedures Act (CIPA), and laws implicating export control or national security issues. This enables them to adeptly address government investigations, enforcement proceedings, and disputes and transactions with national security implications.
Our global patent practice, which includes both patent procurement and litigation capabilities, supports clients in acquiring patent protections with the US Patent and Trademark Office and non-US patent offices. We also advise clients seeking to protect their intellectual property in US district courts, the US Court of Appeals for the Federal Circuit, and the International Trade Commission. Our team includes lawyers with security clearances who can file patents under Secrecy Orders. Some of our lawyers are past federal court law clerks and staff members of the International Trade Commission. Our lawyers who advise on electrical and mechanical technologies were practicing engineers before attending law school.