Understanding FOCI Mitigation
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
An In-Depth Overview of the DCSA
Find Someone Observant: The Vital Role of Facility Security Officers
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Decoding the Key Management Personnel Requirements
Navigating Personnel Security Clearances (PCLs)
What Is an FCL and How Do I Obtain One?
M&As – Novation and Recertification
Facility Security Clearances for U.S. Subsidiaries of Foreign-Owned Companies
Compliance into the Weeds-Episode 41, Reality Winner and Internal Controls
The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney...more
In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel...more
The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew...more
In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the...more
In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and...more
In the fourth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey explores the topic of corporate documents in relation to security clearances with International Trade attorney Libby Bloxom....more
In the latest episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey engages in an insightful conversation with Antonia Tzinova, leader of Holland & Knight's CFIUS and Industrial Security Team....more
In the second episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into personnel security clearances (PCLs) with National Security, Defense, and Intelligence attorneys Andrew McAllister...more
In the inaugural episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey sits down with Government Contracts attorney Erin Estevez. They provide a basic introduction to facility security clearances...more
On October 5, 2023, the National Archives Information Security Oversight Office (ISOO) released a joint notice to provide guidance on facility clearances for joint ventures (JVs) in the National Industrial Security Program...more
The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security...more
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more
Facility security clearance (FCL) sponsorship packages for U.S. government contractors currently have a rejection rate of more than 50 percent. For initial and upgrade FCL packages, there is a 70 percent rejection rate. These...more
California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...more
There are few words that strike fear in the hearts of those who make their living via security clearances and government contracts as much as ‘debarment.’ Those outside the contracting world have likely never heard the word –...more
In February 2021, the Department of Defense (“DoD”) promulgated 32 C.F.R. Part 117. This move converted the National Industrial Security Program Operating Manual (“NISPOM”)—the rules that govern personnel and facility...more
À compter du 2 mai 2022, les critères d’admissibilité du Programme de sécurité des contrats (« PSC ») du gouvernement du Canada seront redéfinis en ce qui a trait à l’obtention d’une attestation de sécurité ou encore au...more
Effective May 2, 2022, the Government of Canada’s Contract Security Program (CSP) is narrowing its eligibility criteria to obtain, renew or upgrade organization security clearances to focus on organizations that require...more
It’s more difficult now than it has ever been to obtain – and to hold onto – a security clearance. Obtaining a government security clearance for a facility or an individual employee can often be quite a challenge. It is...more
If your business holds a U.S. security clearance — or is in the process of applying for one — take note of two big changes at the Defense Counterintelligence and Security Agency (DCSA). First, after more than 25 years, the...more
Two significant changes are underway by the Defense Counterintelligence and Security Agency (DCSA) – both of which require the immediate attention of businesses that hold a U.S. security clearance or are in the process of...more
M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems...more
If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in...more
The Situation: The U.S. Government Accountability Office ("GAO") recently sustained a bid protest concluding that a company was ineligible for award because of "key personnel unavailability." Although the employee remained...more