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Homeland Security Deskbook
This is THE analytical book on homeland security. The Homeland Security Deskbook ...
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- Protecting critical infrastructure, including computer systems;
- Ensuring communications work in an emergency and local governments know what to do;
- Securing government contracts and grants without exposing the recipient to catastrophic liability or the loss of intellectual property rights;
- Coping with new regulations about advance notice of imports and new procedures for bringing in noncitizen workers or students;
- Handling environmental risk management;
- Responding to government requests for information;
- Gaining government approval for new anti-terrorism technology and drugs.
This is THE analytical book on homeland security. The Homeland Security Deskbook discusses and analyzes real problems that arise in the post-9/11 world and provides the historical context and structure of federal homeland security work and reference materials ¿ federal and state. Among the issues discussed are:
Learn how to operate in the new world of the USA PATRIOT Act, Maritime Transportation and Security Act, Bioterrorism Act, Homeland Security Act, Terrorism Risk Insurance Act, Enhanced Border Security and Visa Entry Reform Act, and countless Executive Orders, Presidential Decision Directives, Homeland Security Presidential Directives, National Strategies, and guidance documents.
Turn here for explanations of the new import reporting requirements, Project BioShield, required registration of food facilities, background checks for transporters and laboratories, I-9 verification, Information Sharing and Analysis Centers, ¿interoperability,¿ the SAFETY Act, US-VISIT, Security Sensitive Information, Protected Critical Infrastructure Information ¿.. and much, much more!
CHAPTER 1 THE HOMELAND SECURITY CHALLENGES FOR THE PRACTICING LAWYER
CHAPTER 2 ORGANIZATION OF HOMELANDSECURITY FUNCTIONS
2.01In General
2.02Department of Homeland Security
[1] Directorate of Border and Transportation Security
[a] Bureau of Immigration and Customs Enforcement
[b] U.S. Customs and Border Protection
[c] Transportation Security Administration
[2] Directorate of Emergency Preparedness and Response
[a] Federal Emergency Management Agency
[b] Office for Domestic Preparedness
[3] Directorate of Science and Technology
[a] Environmental Measurements Laboratory
[b] Plum Island Animal Disease Center
[c] Homeland Security Advanced Research Projects Agency
[d] Additional Components
[4] Directorate of Information Analysis and Infrastructure Protection
[a] Assistant Secretary for Information Analysis
[b] Assistant Secretary for Infrastructure Protection
[5] Department Entities Not Part of Any Directorate
[a] United States Coast Guard
[b] United States Secret Service
[c] U.S. Citizenship and Immigration Services
[d] Homeland Security Advisory Council
2.03 Non-Homeland Security Department Entities with Homeland Security Responsibilities
[1] White House
[a] Office of Homeland Security
[b] Homeland Security Council
[2] Department of Agriculture
[a] Agricultural Research Service
[b] Animal Plant Health Inspection Service
[c] Food Safety and Inspection Service
[3] Department of Commerce
[a] Bureau of Industry and Security
[b] National Oceanographic and Atmospheric Administration
[c] U.S. Patent and Trademark Office
[d] National Institute of Standards
[4] Department of Defense
[a] Extraordinary Circumstances
[b] Emergency Circumstances of a Catastrophic Nature
[c] Temporary Circumstances
[5] Department of Energy
[a] National Nuclear Security Administration
[b] DOE National Laboratories and Technology Centers
[6] Department of Health and Human Services
[a] Centers for Disease Control and Prevention
[b] Food and Drug Administration
[c] National Institutes of Health and Other HHS Research
[7] Department of Justice
[8] Department of Labor
[9] Department of State
[a] Office of the Coordinator for Counterterrorism
[b] Bureau of Consular Affairs
[c] Office of Terrorism Finance and Economic Sanctions Policy
[d] Bureau for International Narcotics and Law Enforcement Affairs
[10] Department of Transportation
[a] Federal Aviation Administration
[b] Federal Transit Administration
[11] Department of the Treasury
[12] Environmental Protection Agency
[a] Chemical Emergency Preparedness and Prevention Office
[b] Criminal Enforcement Program
[c] National Response Team
[13] Central Intelligence Agency / Terrorist Threat Integration Center
[14] Nuclear Regulatory Commission
[15] Federal Communications Commission
2.04 Congress
2.05 National Commission on Terrorist Attacks Upon the United States (9-11 Commission)
CHAPTER 3 BACKGROUND AND BRIEF HISTORY OF HOMELAND SECURITY
3.01 Evolution of the Concept of Homeland Security
3.02 Evolution of Homeland Security Before and After September 11, 2001
3.03 Legislative Enactments on Homeland Security
3.04 Establishment of the Department of Homeland Security
3.05 The Future of Homeland Security
CHAPTER 4 CRITICAL INFRASTRUCTURE
4.01 In General
4.02 Background
[1] Pre-9/11 Initiatives to Protect Critical Infrastructure
[2] Post-9/11 Initiatives to Protect Critical Infrastructure
4.03 Critical Infrastructure Defined
[1] General
[2] The National Strategy for Homeland Security
[3] The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets
[4] The National Strategy to Secure Cyberspace
4.04 Responsibilities
[1] Federal Government
[a] National Strategies, Policies, and Plans
[i] The National Strategy for Homeland Security
[ii] The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets
[iii] The National Strategy to Secure Cyberspace
[b] Statutory and Regulatory Initiatives
[i] The USA PATRIOT Act and Critical Infrastructures Protection Act
[ii] The Public Health Security and Bioterrorism Preparedness and Response Act of 2002
[iii] The Aviation and Transportation Security Act
[iv] The Homeland Security Act of 2002, the Support Anti-terrorism by Fostering
Effective Technologies Act of 2002, the Critical Infrastructure Information Act of 2002, and the Cyber Security Enhancement Act of 2002
[v] The Maritime Transportation Security Act of 2002
[vi] The Terrorism Risk Insurance Act of 2002
[c] Agency Oversight and Coordination - DHS Directorate for Information Analysis and Infrastructure Protection
[d] Federal Funding Initiatives
[2] State and Local Governments
[3] Private Sector
4.05 The Public-Private Partnerships
[1] Information Sharing and Analysis Centers
[a] Background and Purpose
[b] Major Federally Supported Individual ISACs
[i] Food and Agriculture ISAC
[ii] Water ISAC
[iii] Emergency Fire Services ISAC
[iv] Emergency Law Enforcement ISAC
[v] State Government ISAC
[vi] Information Technology ISAC
[vii] Telecommunications ISAC
[viii] Research and Education Network ISAC
[ix] Electric Sector ISAC
[x] Energy (Oil and Gas)ISAC
[xi] Surface Transportation ISAC
[xii] Financial Services ISAC
[xiii] Chemical Sector ISAC
[xiv] Real Estate ISAC
[c] Sub and Minor ISACs
[i] Aviation ISAC
[ii] Public Transportation ISAC
[iii] Truck ISAC
[d] Non-Federally Supported ISACs
[i] Multi-State ISAC
[ii] World Wide ISAC
[2] United States Computer Emergency Readiness Team
[3] Other Public-Private Partnerships
CHAPTER 5 BUSINESS LIABILITY
5.01 Introduction
5.02 Scope and Use of This Chapter
5.03 Potential Liability of Corporations
[1] Liability for Failure to Provide Adequate Security
[2] Lessons of September 11 Litigation
[3] Corporate Liability After September 11
5.04 Potential Liability of Officers and Directors
[1] Duty of Care, Generally
[2] Statutory Duty of Care
[a] Duty to Implement and Monitor Policies and Procedures
[b] Case-by-Case Analysis
[3] Business Judgment Rule
5.05 How to Minimize Liability for Negligent Failure to Plan
[1] Assessing Current Policies and Procedures
[a] For Immediate Risks
[b] For Restoring Operations
[2] Updating Policies and Procedures to Address Potential Risks
5.06 Conclusion
CHAPTER 6 COMMUNICATIONS AND CYBER SECURITY
6.01 Introduction: The Interplay of Security and Communications
[1] Background
[2] Telecommunications and Internet Industries
[3] Public Safety Agencies and First Responders
[4] Users of Telecommunications and Internet Services
6.02 Communications Surveillance and Law Enforcement Issues
[1] Statutory Authority
[2] Domestic Security Surveillance
[a] Interception of Wire, Oral, or Electronic Communications
[b] Pen Registers and Trap-and-Trace Devices
[c] Stored Communications
[d] Investigative Tools for Internet-Based Communications
[e] Customer Records
[3] Foreign Intelligence Surveillance Act
[a] "Significant Purpose" Standard of Foreign Intelligence
[b] Wiretaps Under FISA
[c] Pen Registers and Trap-and-Trace Devices Under FISA
[4] The Role of Communications Service Providers in Conducting Surveillance
[a] The Communications Assistance for Law Enforcement Act
[b] CALEA Assistance Requirements
[i] Call-Identifying Information
[ii] Location Information
[c] The Definition of "Telecommunications Carrier" Under CALEA
[5] Surveillance Challenges
[a] Information Services and VoIP
[b] Privacy and Constitutional Concerns
6.03 Public Safety
[1] Interoperability: A Unique Public Safety Need
[a] Spectrum Availability
[b] Technology and Standards Development
[c] Interagency and Intergovernmental
Cooperation and Coordination
[d] Resources for Financing
[2] The Wireless Enhanced 911 Program
[a] Funding
[b] Jurisdiction and Coordination/Cooperation Issues
[c] Technical Issues
[d] Rural Areas
[e] Consumer Education
[3] Emergency Telecommunications Programs
[a] Wireless Priority Services
[b] Telecommunications Service Priority Program
[c] Government Emergency Telecommunications Service
[4] Emergency Alert System
6.04 Network Infrastructure and Cyber Security
[1] Physical Security of Assets
[a] Generally
[b] The Work of the Network Reliability and Interoperability Council
[i] Vulnerabilities Assessment/Best Practices
[ii] Trusted Access Issues
[iii] Network Reliability and Outage Reporting
[iv] Disaster Recovery and Mutual Aid Plans
[2] Media Security
[3] Wireless Security
[4] Cyber Security
6.05 Issues for Users of Networked Technologies
[1] Corporate Responsibility for Securing Information Technology
[a] Duties Under Federal Law
[b] Federal Trade Commission Enforcement Actions
[c] Information Technology Security Under State Law
[d] Breach Notification Laws
[e] Common-Law Claims in Information Technology Security
[2] "Best Practices" in Information Technology Security
[a] Administrative, Technical, and Physical Safeguards
[i] Administrative Security
[ii] Technical Security
[iii] Physical Security
[b] Internal Security
[i] Network Access and Emergency Preparedness
[ii] Consultants, Contractors, and Other Third Parties
6.06 Communications Surveillance, Security, Reliability, and National Security
CHAPTER 7 LOCAL GOVERNMENT PREPARATION & PREVENTION ROLES
7.01 Local Authority for Homeland Security Responses
[1] The Constituency Contex
t
[2] Invocation of Emergency Authority
[3] Command Structure
[4] Evacuation or Curfew Powers
[5] Mandatory Vaccination or Quarantine Powers
7.02 Federal Grants and Agreements
[1] Grants in Context
[2] Mechanism of Grants
[3] Planning Grants
[4] Equipment Grants
[5] Federal Reimbursement of Incident Costs
[6] Actual Delivery of Funds
7.03 Federal Training for Local Officials
7.04 State Requests for Aid
7.05 Law Enforcement Funding
7.06 State and Local Mutual Aid Agreements
[1] Legal Issues
[2] Cost Issues
[3] Training of Multiple Jurisdiction Responders
7.07 Formation of Groups for Confidential Information Sharing
7.08 Computer Security Issues
7.09 State Statutory Modifications
[1] Powers During Emergencies
[2] Protection of Secret Intelligence Information
[3] State Transportation Regulatory Controls
[4] Immunity and Liability
7.10 Key Skills Needed for State and Local Counsel
CHAPTER 8 GOVERNMENT CONTRACTING AND HOMELAND SECURITY
8.01 In General
[1] Overview
[2] General Procurement Procedures and the DHS Acquisition Regulations
[a] General Authority and Implementing Regulations
[b] Procedural Matters
[c] Substantive Issues Raised by the Interim Regulation
8.02 Expanded Ability to Procure Personal Services
8.03 Special Emergency Procurement Authority
8.04 Special Streamlined Acquisition Authority for DHS
[1] DHS Special Determination
[2] Increased Micro-Purchase Threshold
[3] Increased Simplified Acquisition Threshold
[4] Treatment of DHS Procurements as for Commercial Items
[5] Report to Congress
8.05 Continuation of Special Procurement Authority for the Transportation Security Administration
8.06 DHS Small Business Programs
8.07 Special Debarment Procedures for Corporate Expatriates
8.08 The SAFETY Act
[1] Background
[2] Definition of Qualified Anti-Terrorism Technologies
[3] Evaluation Criteria for Qualified Anti-Terrorism Technologies
[4] Requirements for Coverage Under SAFETY Act
[a] Terrorist Act
[b] Effect Within the United States
[i] Expanded Coverage of Acts Overseas With Impact Within the United States
[ii] Exceptions for Air and Sea Transportation
[5] SAFETY Act Protections for Designated Anti-Terrorism Technologies
[a] Litigation Management
[i] Federal Cause of Action
[ii] Complete Bar on Punitive Damages and Prejudgment Interest
[iii] Prohibition Against Joint and Several Liability for Noneconomic Damages
[iv] Reduction of Plaintiff's Recovery by Amounts Received From Collateral Sources
[b] Risk Management
[i] Limitation on Seller's Liability
[ii] Relationship to Other Contractors
[6] SAFETY Act Protections for Certified Anti-Terrorism Technologies
[a] Government Contractor Defense
[b] Exclusive Authority of Secretary of DHS
[c] Determination Conclusive and Binding Absent Fraud
[7] Department of Homeland Security Interim Regulation
[a] Pre-Application Submissions
[b] Full Application Process
[c] Applying for Certification Status
[8] Issues With Application Process
[a] New vs. Existing Technologies
[b] Service-Based Technologies
8.09 Application of Public Law Number 85-804
[1] Executive Order 13,286
[2] Procedures
[3] Implementation Issues
CHAPTER 9 IMMIGRATION ISSUES
9.01 Background
9.02 Key Immigration-Related Legislation
[1] Overview
[2] Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ("USA PATRIOT") Act
[a] Creation of Entry-Exit Control Student Tracking System
[b] Imposition of Restrictions on Visa Waiver Program
[c] Increase in Border and Customs Patrol Along U.S.-Canadian Border
[d] National Security Entry-Exit Registration System
[3] Enhanced Border Security and Visa Entry Reform Act
[a] Technological Improvements
[b] Improvements in Interagency Information Sharing
[c] Imposition of Limitations on Visa Issuance
[d] Restrictions on the Visa Waiver Program
[e] Heightened Monitoring of Foreign National Students and Exchange Visitors
[f] Passenger Manifests
[4] Homeland Security Act of 2002
[5] Miscellaneous Additional Laws
[a] Expedited Naturalization for Foreign Nationals on Active Duty
[b] S Nonimmigrant Visa Category
9.03 Structure of the Immigration Function Within the Department of Homeland Security
[1] Oversight
[2] Immigration Enforcement: Directorate of Border Transportation and Security
[3] Immigration Benefits: U.S. Citizenship and Immigration Services
[4] Coordination of Efforts: Director of Shared Services
9.04 Changes to Visa Processing and Issuance Procedures at U.S. Consulates
[1] Enhanced Scrutiny of Applicants
[2] Enhanced Screening Measures to Improve Security
[3] Memorandum of Understanding Between Departments of State and Homeland Security on Visa Issuance Procedures
[4] Personal Appearances Required for Nonimmigrant Visa Applications
9.05 Counseling the Human Resources Professional
[1] Complexities Are Daunting
[2] Interagency Border Inspection System
[3] U.S. Visitor and Immigrant Status Indicator Technology
[4] Social Security Administration Actions
[5] USCIS's E-Filing Initiative
[6] Employer Eligibility Verification (I-9) Updates
9.06 Conclusion
CHAPTER 10 TRADE AND TRANSPORTATION
10.01 Reorganization of Government for Homeland Security
[1] Department of Homeland Security
[a] The Mission of DHS
[b] Newly Stated Priorities
[2] Transportation Security Administration
[3] Effects of Anti-Terror Measures
[4] Refocus from Trade Facilitation to Trade and Transportation Security
10.02 International Requirements and Standards
[1] The "International Rules" of Trade
[2] International Security Efforts Affecting Shipping and the Marine Industry
[a] International Ship and Port Facilities Security ("ISPS") Code
[b] Continuous Synopsis Records
[c] Ship Security Alert Systems
[d] Boarding of Ships to Enforce International Security Requirements
[i] Port State Control
[ii] Boarding of Ships at Sea
[3] The Container Security Initiative
[a] Introduction
[b] CSI Core Elements
[c] The "Phased" Implementation of CSI
[d] CSI Setting International Standards
10.03 International Trade and Transportation
[1] C-TPAT
[a] Introduction
[b] Requirements for Participation
[c] CBP Stated Benefits of Participation
[d] Eligibility for C-TPAT and the Application Process
[e] C-TPAT Partner Status and Validation
[f] Ongoing Commitment Required
[2] Free And Secure Trade ("FAST")
[a] FAST Program Objectives
[b] FAST Benefits
[c] Qualifications for FAST Participants
[d] Cargo Release Methods
10.04 Reporting Requirements: Upstream/Downstream
[1] Introduction
[2] Pre-Arrival Notifications of Various U.S. Agencies
[a] CBP Advance Notice Requirements
[i] Notice Requirements by Mode of Transport
[ii] Phased Implementation
[iii] Potential Violations
[b] CBP's "24-Hour" Rule
[c] Coast Guard Requirements for Vessels Entering or Departing U.S. Ports
[d] FDA Prior Notice Requirements
[i] Foods Covered
[ii] Notice Requirements by Mode of Transport
[iii] Means of Providing Prior Notice
[iv] Potential Violations
[iv] "Categories" of Violations and Corresponding Penalties
10.05 Other Security-Related Laws and Issues Affecting Transportation
[1] Security Sensitive Information
[2] The Maritime Transportation Security Act of 2002
[a] Threat and Security Assessments
[b] Security Levels
[c] Security Plans and Advisory Committees
[i] National Maritime Security Plan and Advisory Committee
[ii] Area Maritime Security Plans and Committees
[iii] Vessel and Facility Security Plans
[A] Marine Facility Security Plans
[B] Vessel Security Plans
[C] Other Security Plans
[iv] Sensitive Security Information
[d] Other Maritime Security Initiatives and Programs
[i] Personal Identification for Security Purposes
[ii] Maritime Safety and Security Teams
[iii] Maritime Security Grants
[iv] Maritime Intelligence
[v] Foreign Port Assessments
[vi] Automatic Identification Systems
[vii] Long-Range Vessel Tracking System
[viii] Extension of Seaward Jurisdiction
[ix] Deepwater Ports
[x] Maritime Security Professional Training
[3] Hazardous Materials Transportation Security Regulations
[a] Regulation of Hazardous Materials Transportation
[b] Hazardous Materials Security Planning Requirements
[c] Hazardous Materials Training Requirements
[d] Issuance of Commercial Drivers' Licenses With Hazardous Materials Endorsements
[e] Increased Focus on Enforcement of Hazmat Laws After 9/11
[4] Pipelines
[5] Commercial Aviation Security
10.06 Conclusion
CHAPTER 11 ENVIRONMENTAL ASPECTS OF HOMELAND SECURITY
11.01 General
[1] Types of Environmental Issues
[2] Federal and State Authorities
11.02 Environmental Responsibilities in Relation to Homeland Security
[1] In General
[2] EPA's Homeland Security Approach
[3] Coordination of Environmental
Responsibilities
[a] EPA Is Generally the Lead Federal Agency for Environmental Monitoring and Response
[b] Other Agency Responsibilities
11.03 Environmental Preparedness, Response, and Prevention Planning as an Element of Homeland Security
[1] Federal Preparedness and Response Planning
[a] Interagency Domestic Concept of Operations Plan
[b] Federal Response Plan
[c] National Contingency Plan
[d] Federal Radiological Emergency Response Plan
[e] Coordinating Federal Emergency Response Plans for Homeland Security
[2] Industrial and Commercial Response Planning Under the NCP
[a] Basic Planning Standards
[b] Non-Transportation-Related Facility Response Plans
[c] Marine Transportation-Related Facility Response Plans
[d] Vessel Response Plans
[3] Spill Prevention and Control Planning
[a] Non-Transportation-Related Facilities
[b] Marine Facilities and Vessels
[4] Reporting and Response Duties
[a] NRC for Spills and Incidents
[b] Toxic Substances Reporting and Response Duties
[i] EPCRA
[ii] Chemical Emergency Preparedness and Prevention
[iii] Hazardous Waste
[iv] Protection of Sensitive Information
[5] Maritime Security Response Plans
[6] Role of Environmental Management Systems
[7] Compliance Audits
[a] Audit policies
[i] Federal Sentencing Guidelines
[ii] EPA's Voluntary Disclosure Program
[iii] DOJ's Voluntary Disclosure Program
[iv] State Self-Auditing Privileges and Immunities
[b] Relationship of Audits to Homeland Security
11.04 Risk Management Plans and Standards
[1] In General
[2] EPA Guidance
[3] Industry Guidance
11.05 Chemical Plant Security
[1] A Problem Pending Before Congress
[2] Legislative Initiatives
[3] Guidance on Chemical Plant Security
[a] DOJ Chemical Facility Vulnerability Assessment Methodology
[b] Responsible Care. Toolkit
[c] SOCMA Vulnerability Analysis Tools
[d] Center for Chemical Process Safety of the American Institute of Chemical Engineers-Security Vulnerability Guidelines
[e] Other Sources of Guidance
[4] Agricultural Chemicals
11.06 Drinking Water and Sanitary Sewer Systems
[1] Government Standards and Guidance
[a] Drinking Water Systems
[b] Sanitary Wastewater Systems
[2] Industry Guidance
11.07 Environmental Services
[1] Federal Services
[2] EPA Programs Related to EnvironmentalProducts for Homeland Security
11.08 Environmental Enforcement
[1] Legal Authority
[2] Owner and Operator Liability
[a] Enforcement by the United States Government
[b] Liability to Third Parties in Private Litigation
[3] Allocation of Federal Enforcement Resources
11.09 Conclusion
CHAPTER 12 COOPERATION WITH LAW ENFORCEMENT AGENCIES
12.01 Cooperation Under the Homeland Security Act and the USA PATRIOT Act
12.02 Liability Under the Acts
[1] In General
[2] USA PATRIOT Act Implications
[a] In General
[b] Slippery Slope of Violative Conduct
[3] Homeland Security Act Implications
12.03 Risk Management Considerations
[1] In General
[2] Protective Measures Required by the USA PATRIOT Act
[3] Protective Measures Required by the Homeland Security Act
[4] Additional Protective Measures to Consider
[a] Written Company Policies
[b] Compliance Officer and Committee
[c] Internal Investigations
[d] Referring Conduct to Government Authorities
12.04 Cooperation With Law Enforcement
[1] In General
[2] Violation Scenarios
[3] Coming Forward to Federal Authorities
[a] In General
[b] Civil Context
[c] Criminal Context
[4] Impact of State Regulators
[5] Cooperation Required by the Acts
[a] In General
[b] Cooperation Under the Homeland Security Act
[c] Cooperation Under the USA PATRIOT Act
[d] Cooperation With State Authorities
12.05 Investigations
[1] In General
[2] Notification of Government Investigations
[3] Responding to Government Subpoenas and Requests
[a] In General
[b] Company Checklist
[c] Notifying Employees
[4] Government Interviews
[5] Government Searches and Inspections
[a] In General
[b] Company Protocol
[6] New and Expanded Investigative Powers Under the USA PATRIOT Act
[a] FISA Expansion Under ' 218
[b] Expansion of "Sneak and Peek" Warrants Under Section 213
[c] Expansion of Pen Registers and Trap-and-Trace Authority Under Sections 214 and 216
[d] Eased Access to Private Information Under Section 215
[e] Eased Access to Electronic
Communications Records Under Section 210
[f] Increased Voicemail Seizure Powers Under Section 209
[g] Nationwide Execution of Warrants Under Section 220
[7] Collateral Consequences of Government Investigations
[a] Cooperation Between Criminal and Civil Authorities
[b] Parallel Proceedings
[c] Business Implications
[8] Limitations on Privileges
[a] Limitations on Fifth Amendment Privileges
[b] Limitations on Attorney-Client Privileges
12.06 Labor and Employment Overview
12.07 The Role of Employers in the National Strategy for Homeland Security
[1] Partnership With Law Enforcement
[2] Assisting With the Protection of U.S. Infrastructure
[3] The Effect of Homeland Security Strategy on Workplace Privacy
12.08 Employee Privacy Issues
[1] In General
[2] Common-Law Privacy Rights
[3] Reducing Employees' Expectations of Privacy in the Workplace
12.09 Federal Law on Workplace Privacy
[1] Federal Statutes
[2] Examples of Relevant Cases Involving Federal Privacy Statutes
[3] Workplace Privacy Issues Relative to the USA PATRIOT Act
[a] Section 106
[b] Section 209
[c] Section 210
[d] Section 212
[e] Section 213
[f] Section 216
[g] Section 217
[h] Section 335
[i] Section 206
[j] Section 214
[k] Section 215
[l] Section 218
[m] Section 223
[4] Workplace Privacy Issues Relative to the Homeland Security Act
[a] Sections 212-215
[b] Section 221
[c] Section 225
[d] Sections 222 and 705
[e] Sections 770 and 815
12.10 Credentialing and Background Checks
[1] General Considerations
[2] The Effect of Homeland Security
[a] Environmental Protection Agency
[b] Background Checks for the Trucking Industry Under the USA PATRIOT Act
[c] Background Checks Affecting Laboratories Under the USA PATRIOT Act
[d] Background Checks and the Fair Credit Reporting Act
12.11 Company Focus and Recent Trends
[1] In General
[2] Practical Considerations for Businesses in their Role as Employers
[a] Potential Responses to Investigatory Inquiries
[b] Addressing Security and Privacy Concerns in the Workplace
[i] Creating the Position of Chief Privacy Officer
[ii] Protecting Confidential or Private Information Systems
[iii] Diminishing Employees' Expectations of Privacy
CHAPTER 13 DISCLOSURE, CONFIDENTIALITY, AND PRIVACY ISSUES
13.01 In General
13.02 DHS Response to Freedom of Information Act Requests
13.03 Withholding of DHS Records Under Conventional Exemptions
13.04 FOIA Issues at Other Federal Agencies Working With DHS
13.05 Special Withholding Power for Protected Critical Infrastructure Information
[1] Introduction to Protected CII
[2] History of the CII Statutory Coverage
[3] Implementing Regulations
[4] Elements of CII
[5] CII From the Submitter's Viewpoint
[6] Protections for CII
[7] Authorized and Unauthorized Release of CII
[8] Preemption of State Access Laws
[9] Challenges to CII Claims
[10] Weaknesses of the CII System
13.06 The Department of Energy's Reaction to 9/11 and CII
13.07 The Transportation Security Administration's Response to Heightened Security Concerns
13.08 Privacy Concerns
[1] Post-9/11 Response From Congress
[2] Title II of the USA PATRIOT Act- Enhanced Surveillance Procedures
[a] Tracking and Gathering Communications
[b] Section 215 - Access to Records and Other Items
[3] Title III of the USA PATRIOT Act- International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001
13.09 USA PATRIOT Act and FOIA Requests
13.10 Business Implications of the USA PATRIOT Act
CHAPTER 14 THE TERRORISM RISK INSURANCE ACT
14.01 Background
14.02 The TRIA
14.03 The TRIA Trigger
14.04 Covered Lines of Insurance
14.05 Eligible Insurers
14.06 Insurer Rights and Obligations
14.07 Compensation and Limitations
14.08 Federal Recoupment
14.09 Civil Penalties
14.10 Litigation
14.11 Termination of the Program
14.12 Studying the Program
14.13 Title II - Treatment of Terrorist Assets
CHAPTER 15 SCIENCE, TECHNOLOGY, AND INTELLECTUAL PROPERTY
15.01 Introduction
15.02 Scope and Use of This Chapter
15.03 Funding for Science and Technology Research: Congress and Agency Appropriations
[1] Homeland Security Authorizations
[2] Homeland Security Appropriations
[3] Project BioShield
[4] A Note on Appropriations "Earmarks"
15.04 Research with Government Funding
[1] In General
[2] Homeland Security Advanced Research Projects Administration
[3] Extramural and Intramural Science and Technology
[a] Extramural Programs and University-Based Centers
[b] Intramural Programs and Use of Government Laboratories
[4] Use of Department of Energy National Laboratories and Sites
[a] Joint Sponsorship
[b] Direct Procurement Contracts
[c] Cooperative Research and Development Agreements and Licensing
[5] Procurement Contracts, Grants, and Cooperative Agreements
[a] Procurement Contracts
[b] Grants
[c] Cooperative Agreements
[d] Cooperative Research and Development Agreements
[6] Other Transactions
15.05 Managing IP in Homeland Security Technology
[1] Types of Technology Relevant to Homeland Security
[a] Technology Areas Specifically Cited in the Act
[i] Chemical, Biological, Radiological, Nuclear, and Related Weapons and Material
[ii] Dealing With Terrorist Attacks
[iii] Voice and Data Public Safety Communications
[iv] Law Enforcement Technology
[b] Other Technologies and Applications
[i] Border Controls
[ii] Financial Controls
[iii] Cyber Security
[iv] Transportation Infrastructure
[v] Utilities
[vi] Telecommunications
[2] IP Management Strategies
[3] Implementing an IP Strategy Through IP Management
[a] Auditing IP
[b] IP Basics
[i] Patents
[A] Basics
[B] Homeland Security Patents
[ii] Trade Secrets
[iii] Trademarks
[iv] Copyright
[c] Licensing Homeland Security Technology
[i] Licensing in
[ii] Licensing out
[iii] An Example
[d] Freedom to Operate
[4] IP Management - Privately Funded HS Innovation
[a] Domestic Research and Manufacturing
[b] Foreign Research and Manufacturing
[c] Selling Homeland Security IP to Private Parties
[i] Export Restrictions
[ii] Information Technology and Other Dual-Use Exports
[iii] Defense Exports
[iv] U.S. Embargo Restrictions
[v] Other Trade Issues
[d] Selling to the Federal Government
[e] Selling to State and Local Governments
[5] Technology Management Considerations for Government-Funded Innovation
[a] Rights to IP in Government-Funded Research and Development
[i] Rights in IP Under Government Contracts
[A] Rights in Inventions
[I] Subject Inventions
[II] Invention Disclosure, Election of Title, and Filing of Patent Applications by the Contractor
[III] Actions Contractors Must Take to Protect Government Interests
[IV] Utilization Reports and March-in Rights
[V] Preference for United States Industry
[VI] Government-Purpose License Rights
[B] Copyrights and Trade Secrets - Rights in Technical Data and Software
[I] In General
[II] Types and Allocation of Rights in Technical Data and Software
[III] Copyrights and Unlimited Rights Data
[ii] Grants and Cooperative Agreements
[A] Rights in Inventions
[B] Rights in Data
[iii] CRADAs
[A] Rights in Inventions
[B] Rights in Data
[iv] Other Transactions
[b] Considerations Prior to Seeking Government Funding
CHAPTER 16 FOOD AND DRUG PROTECTIVE MEASURES
16.01 Introduction
16.02 Protection of the Food Supply
[1] Potential Use of the Food Supply by Terrorists
[2] Prior to the Bioterrorism Act: Statutory Authority Provides Broad Powers
[3] Federal Government Prior to 9/11: Focus on Food Safety
[4] Post-9/11 Authority: Public Health Security and Bioterrorism Preparedness and Response Act of 2002
[5] Registration of Food Facilities: Domestic Facilities and Foreign
Facilities That Export to the United States
[a] New Registration Requirements
[b] Notification, Not Licensing
[c] Parties Eligible to Execute Registration
[d] Scope of Coverage: Definition of Food
[e] Registration Extends to Individual Food Facilities
[f] "Facility" Defined by Function for Registration Purposes
[g] Physical Structure of a Facility
[h] Facilities Exempt From Registration
[i] Mechanics of Registration
[i] Identification of Food Categories
[ii] Electronic Filing Preferred
[iii] One-Time Registration, But Updates and Cancellation Notification Also Required
[iv] Confidentiality of Registration Information
[v] Foreign Companies
[6] Compliance: Initially, FDA Will Exercise Enforcement Discretion
16.03 Submission of Prior Notification of Each Food Shipment
[1] In General
[2] Controversial Rule
[3] Effect on Foreign Trade
16.04 Vulnerability of Imported Food to Deliberate Contamination
[1] In General
[2] Post-9/11: Bioterrorism Act Addresses Shortcomings
16.05 Regulatory Authority Over Imported Food
[1] Standard for Refusal of Entry
[2] Procedures Prior to December 12, 2003
[3] Procedures From December 12, 2003
[a] Submission Must be Made Electronically
[b] Separate Submission Required for Each Food
[c] Consequences for Failure to Comply
[d] Attempt to Cover Broad Range of Food, Relevant Exceptions
[4] Mechanics
[a] Who Is Responsible for the Submission?
[b] Time Frames for Submission
[c] Information That Must Be Submitted
16.06 Establishment and Maintenance of Records
16.07 Limited Regulatory Oversight of Food Industry: Long History of Freedom from Recordkeeping Oversight
16.08 Establishment and Maintenance of Records: Notice of Proposed Rulemaking
[1] Proposed Coverage of Parties
[2] Maintenance of Records for Traceability
[3] No Set Format for Records
[4] Availability Requirements Somewhat Relaxed
[5] Retention Requirements
[6] Access Authority
[7] Compliance Requirements
16.09 Administrative Detention
[1] Background
[2] Detention Generally
[a] Credible Evidence
[b] Detention Procedure
[i] Use of Classified Information
[ii] Persons Authorized to Order Detention
[iii] Time Frame of Detention
[iv] Content of Order
[v] Publicity
[vi] Storage
[c] Movement of Detained Articles
[i] Transfer to Secure Facility
[ii] Transfer to Another Entity or Location Prohibited
[iii] Request for Modification of Detention Order
[d] Labeling and Markings
[e] Termination
[f] Appeals
[i] Appeals for Perishable Products
[ii] Procedure
[g] Seizure of Perishable Food
[h] Imported Food
[i] Conclusion
16.10 Debarment
[1] Persons Subject to Debarment
[2] Debarment Period and Termination
[3] Publication of List of Debarred Persons
[4] Procedure
[5] Conclusion
16.11 Protection of the Drug Supply: Importation
[1] In General
[2] Registration of Foreign Drug/Device Establishments and Product Listing with FDA
[3] Importation of Drug, Device, or Biologic Components to Be Processed in the United States and Exported
16.12 Project BioShield
[1] In General
[2] Biomedical Countermeasures for the Military
16.13 Existing Programs to Facilitate Availability of Anti-Terrorist Countermeasures
[1] Legal Considerations for New Drug or Biologic Developer
[2] Legal Considerations for Public Health Officials
[3] In General
[4] Summary of Approval Process
[a] Preclinical Research
[b] Clinical Research
[i] The IND
[ii] Clinical Trials
[iii] Phase 1 Clinical Trials
[iv] Importance of Adequate, Well-Controlled Studies
[v] Phase 2 Clinical Trials
[vi] Phase 3 Clinical Trials
[vii] "Adequate and Well-Controlled Studies" Necessary to Support NDA or BLA
[c] Compiling NDA or BLA
16.14 Animal Efficacy Rule
[1] In General
[2] Requirements for Approval
[3] Post-Marketing Approval Requirements
[4] Approvals
[5] Assessment of Rule
16.15 Fast Track and Accelerated Approvals
[1] In General
[2] Unique Feature of Section 506
[3] Designation Procedure
[4] Approval Based Upon Surrogate Endpoint
[5] Post-Marketing Requirements
[6] Fast Track Programs Distinguished From Expanded-Access Programs
[7] Definition of "Serious or Life-Threatening" Condition and Severely Debilitating" Disease
[8] Meeting Unmet Medical Needs
[9] Withdrawal of Fast Track Designation
[10] Approved Fast Track and Accelerated Approval Products
[11] Assessment of Fast Track and Accelerated Approval Procedures
16.16 Priority Review
[1] In General
[2] Standards for Designation
[3] Effect of Priority Review
[4] Approvals Under Priority Review
16.17 Treatment INDs
[1] In General
[2] "Immediately Life-Threatening" and "Serious" Disease Defined
[3] Treatment IND Safeguards
[4] Assessment of Treatment INDs
[5] Treatment INDs Opened for Countermeasures
16.18 Other Measures
[1] Waiver of Informed Consent
[2] "Push" and "Pull" Incentives
[3] Streamlined or Parallel INDs
[4] Emergency Use of IND
16.19 Confidentiality Issues
[1] In General
[2] Prior to Approval/Approvable Letter
[3] Options for Sponsors
[4] After Approval/Approvable Letter
[5] SBAs for Drugs
[6] Information Disclosed for Drugs and Biologics
[7] Exempt Information
[8] Unsuccessful Applications
[9] FOIA Exemption at Section 552(b)(4)
[a] In General
[b] Trade Secrets
[c] Confidential Commercial Information
[10] Responsibility of Sponsors
[11] FDA's Authority to Withhold Non-Public Information Under FOIA:
Other Statutory Exemptions
16.20 Device Countermeasures
CHAPTER 17 CONCLUSIONS
Appendix A Chart of the Department's Organization
Appendix B Table of Rules by Category (Title 6 C.F.R.)
Appendix C Selected State Laws on Homeland Security
Appendix D Table of Homeland Security Act Sections (Pub. L. No. 107-296, 116 Stat. 2135)
Index
Apa, Jill, Add'l Contributor
JILL A. APA has been practicing immigration law on an exclusive basis since 2001. Previously employed by the firm Serotte Reich Wilson, LLP, Ms. Apa joined the immigration practice group in the Buffalo, New York, offices of Damon & Morey, LLP in April 2007. In 1993, Ms. Apa graduated magna cum laude with a dual B.A. degree from the University of New Hampshire. She then obtained her J.D., with distinction, from Ohio Northern University. Prior to commencing a career in immigration law, Ms. Apa worked as a staff attorney at the Third District Court of Appeals for the State of Ohio. She also served as an adjunct instruction of legal research and writing at Ohio Northern University. Ms. Apa has written legal articles and edited treatise chapters on various immigration issues for local and national publications, including the American Immigration Lawyers Association, LexisNexis Matthew Bender, the Buffalo Law Journal, and the Daily Record (Rochester, New York). Ms. Apa is licensed in both New York and Ohio.
Reams, Jackson
JACKSON REAMS is a member of the firm¿s Government Contractor Services Practice Group. His practice is primarily focused on assisting government contractors with compliance matters and contract administration issues. J.D., magna cum laude, Boston University School of Law, 2005 B.S., Colorado State University, 2001 Richard Schmidt While he was at Venable, RICHARD SCHMIDT¿S practice focused on intellectual property law and technology mergers, transfers, and acquisitions. Mr. Schmidt left Venable in June 2004. J.D., Franklin Pierce Law Center, 1984 B.A., Milton College, 1975
Deal, Jill
JILL DEAL focuses on food and drug law, specifically FDA approval and marketing of therapeutic products. She engages in practice before federal agencies, as well as in litigation and lobbying. Ms. Deal is experienced in counseling, advocacy before the agencies, private business negotiation, legislative advocacy, and litigation. She has provided counsel on numerous successful drug, device, and biologic approval issues and appeals, and she has successfully represented companies in complex litigation involving FDA¿s approval processes and other regulatory issues. J.D., Catholic University of America, 1979 B.A., University of California, Berkeley, 1964
Craig, Ashley
ASHLEY CRAIG concentrates his practice on legislative and regulatory matters involving transportation and international commerce. He is actively involved in various regulatory and policy matters before the executive branch and Congress. Additionally, Mr. Craig has extensive experience with transportation security, thirdparty logistics, and related commercial and regulatory matters. J.D., Catholic University of America Columbus School of Law, 2000 Certificate, Comparative and International Law, 2000 B.A., American University, 1992
O'Reilly, James, GENERAL EDITOR
Meyer, Lindsey
LINDSAY MEYER heads the International Trade Practice at Venable, assisting sophisticated companies to efficiently import and export goods under U.S. laws and regulations. As a licensed U.S. Customs broker, Ms. Meyer has a detailed knowledge of and extensive experience with U.S. Customs and Border Protection regulations. For over sixteen years, Ms. Meyer has provided international trade and customs advice at Venable and has focused on customs and trade counseling to Fortune 100 clients, developing and conducting compliance programs including corporate-wide, multi-location assessments and training programs, and representing companies in all types of trade matters before the U.S. Customs and Border Protection bureau, Department of Commerce, International Trade Commission, Office of the U.S. Trade Representative, and Court of International Trade. She was recently re-appointed by the U.S. Secretary of Commerce to serve on the Baltimore-Washington District Export Council. J.D., George Washington University, 1987 B.S.,cum laude, University of Connecticut, 1983 Diplome d¿Etudes Francaises, Universite de Rouen, France 1982
Gollin, Michael
MICHAEL GOLLIN focuses his practice on various aspects of intellectual property, including patent prosecution, counseling, and technology transfer. Mr. Gollin also participates in patent litigation. His experience covers products involving recombinant DNA, vaccines, nanotechnology, biochips, biophysics instrumentation, radioisotope detection, bioremediation, natural products, pharmaceuticals, cosmetics, transgenic plants, medical devices, bioinformatics, and internet systems. Mr. Gollin is registered to practice before the U.S. Patent and Trademark Office. He teaches intellectual property management at Georgetown University¿s McDonough School of Business. J.D., Boston University School of Law, 1984 M.S. (Diplom), Zoology and Molecular Biology, University of Zurich, 1981 A.B., Biochemical Sciences, Princeton University, 1978
Schmidt, Richard
While he was at Venable, RICHARD SCHMIDT¿S practice focused on intellectual property law and technology mergers, transfers, and acquisitions. His experience includes formulating and implementing worldwide filing strategies; developing and managing budgets in excess of one million dollars; and implementing in-house corporate patent and trademark departments. He has conducted and managed large, multifaceted clearance, due diligence, infringement, and validity studies and opinions; and assisted clients with their internal intellectual property procurement procedures and programs. Mr. Schmidt left Venable in June 2004. J.D., Franklin Pierce Law Center, 1984 B.A., Milton College, 1975
Crown, Michele
MICHELE CROWN concentrates her practice on advising corporations and associations on regulatory matters in the food, drug, cosmetics, consumer products, and agriculture industries. She assists corporate executives in developing and introducing new product lines and defending against regulatory challenges. She advises her clients primarily on federal, state, and international regulation of product safety, marketing, production, advertising, labeling, and other operations involving trade regulations principally before the Food and Drug Administration, U.S. Department of Agriculture, and Federal Trade Commission. Prior to joining Venable, Ms. Crown was the General Counsel of the American Meat Institute. J.D., Brooklyn Law School, 1967 B.A., Queens College, 1965
Birchfield, Jennifer
JENNIFER BIRCHFIELD joined Venable in 2006 as a member of the Business Transactions Group. Ms. Birchfield¿s practice focuses on corporate, partnership, limited liability company, and other strategic transactions for a variety of clients. J.D., Duke University School of Law, 2006 B.A., Washington University in St. Louis, 2002
Berge, Ellen Traupman
ELLEN TRAUPMAN BERGE is an associate in the firm¿s Government and Regulatory Affairs Practice Group, where she focuses on transactional, regulatory, and policy matters for communications, advertising and marketing, and trade and professional association clients. Her experience includes assisting clients with ongoing regulatory compliance matters before the Federal Communications Commission, the Federal Trade Commission, and various state agencies. J.D., magna cum laude, Catholic University of America Columbus School of Law, 2002 Certificate, Communications Law Institute, Catholic University of America Columbus School of Law, 2002 B.A., University of Virginia, 1996
Dickman, David
DAVID DICKMAN is a retired Coast Guard attorney who represents clients on issues involving pollution prevention and response, marine safety, port and vessel security, and hazardous materials transportation laws and regulations as well as maritime law enforcement and other maritime-related issues. He has experience in dealing with international, criminal, civil, and administrative law aspects of environmental, maritime, and transportation issues. J.D., St. Louis University School of Law, 1986 B.S., U.S. Coast Guard Academy, 1974
Strand, Margaret
MARGARET STRAND concentrates on counseling, government relations, and litigation in environmental programs. She is well known for her work in federal wetlands law and environmental compliance for infrastructure projects. Formerly Chief of the Environmental Defense Section at the U.S. Justice Department, Ms. Strand has substantial experience advising on the regulatory requirements of federal and state law governing environmental and natural resources. She represents private and public entities nationwide in resolving natural resource and environmental issues associated with land development projects. Ms. Strand also counsels private and public clients on the often-overlapping regulatory requirements applicable to natural resources, endangered species, hazardous substances and wastes, and pollutant discharges. J.D., College of William & Mary, 1976 M.A., University of Rhode Island, 1971 B.A., University of Rochester, 1968
Pavlick, John
JOHN PAVLICK focuses on government contract law. He provides both large and small companies with advice regarding the full spectrum of government contract issues, including advice and representation on contract formation and contract administration issues, bid protests, the preparation and litigation of claims against the government, and prime contractor-subcontractor disputes. Mr. Pavlick¿s recent focus has been on homeland security issues, including application of the SAFETY Act to products and services, and he is co-chair of Venable¿s Homeland Security Group. His clients include both established government contractors and companies that have not previously performed government contracts. He also conducts internal investigations and represents companies with regard to liability under the Civil False Claims Act and suspension and debarment from government contracts. J.D., University of Pennsylvania Law School, 1978 B.S., U.S. Military Academy, 1970
Sharpe, Ralph
RALPH SHARPE is head of Venable¿s Financial Services Practice Group Risk Management and Compliance Team. During his twenty-six-year tenure at the Office of the Comptroller of the Currency (OCC), Mr. Sharpe was deeply involved in interagency efforts undertaken by the federal financial services regulatory community to enhance the strength and resiliency of the financial services industry in light of the challenges presented by 9/11. He was a charter member and the OCC¿s chief representative on the Financial and Banking Information Infrastructure Committee (FBIIC) created by Executive Order shortly after 9/11 for the purpose of protecting the resiliency of the financial services sector. He is also one of the primary authors of the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System published by the Federal Reserve Board, SEC, and OCC in 2003. J.D., University of Wisconsin Law School, 1974 B.A. University of Wisconsin, 1969
Dailey, Rosemary
ROSEMARY DAILEY assists clients with employment-related immigration matters, including efforts to secure immigrant and nonimmigrant visas. She advises clients with respect to activities they may or may not engage in while in the United States and I-9 compliance issues. Ms. Dailey is now a partner in the International Transactions Practice Group with Shutts & Bowen LLP in West Palm Beach, Florida. J.D., Catholic University School of Law, 1997 B.A., Miami University, 1993
Borrello, Stacia
STACIA BORRELLO is an associate in the Regulatory Practice Group where she focuses on food and drug regulatory matters. Ms. Borrello¿s legal education focused on health law, food and drug law and regulation, and administrative law. Ms. Borrello has a background in legislative policy and government affairs. J.D., cum laude, American University Washington College of Law, 2002 B.A., high honors, Michigan State University, 1997
Cohen, Erin
ERIN COHEN is a business transactions attorney with experience in corporate and securities law. She has experience in private offerings of debt and equity securities, mergers and acquisitions, reorganizations, and general corporate matters. J.D., cum laude, American University Washington College of Law, 2000 A.B., Duke University, 1995
Martin, Maura
MAURA MARTIN is an associate in the firm¿s Regulatory Affairs Practice Group. She focuses her practice on regulatory counseling and litigation involving matters of administrative law. Ms. Martin has assisted clients with issues arising in a number of regulatory areas, including advertising and marketing, privacy and data protection, and food and drug law. J.D., with honors, George Washington University Law School, 2006 B.A., University of Virginia, 2003
Williams, Alison
ALISON WILLIAMS joined Venable LLP after serving at the U.S. Department of Homeland Security for over two years. While at DHS, Ms. Williams was responsible for external affairs in the Border and Transportation Security Directorate, serving as an advisor to the Under Secretary. Ms. Williams has also held positions at the Drug Enforcement Administration and on Capitol Hill. She is now a senior associate at the consulting firm Jay Grant & Associates, P.S. B.A., University of Arkansas, 1999
Halpern, Todd
TODD HALPERN¿S practice is focused on regulatory counseling and litigation concerning the promotion, manufacture, and distribution of foods, drugs, medical devices, and other consumer products. He handles matters involving regulation by state and federal agencies including the Food and Drug Administration, Federal Trade Commission, and Drug Enforcement Administration. J.D., Fordham University School of Law, 1996 B.A., University of Wisconsin, 1992
Berthiaume, Don
DON BERTHIAUME is an associate in the SEC and White Collar Defense Practice Group, representing clients in matters involving: securities enforcement; congressional investigations/hearings; public corruption; the Arms Export Control Act; the Foreign Corrupt Practices Act, and alleged fraud involving health care and government contracts. J.D., State University of New York at Buffalo, 2000 B.A., State University of New York at Buffalo, 1996
Wilson, D. Edward, Jr.
D. EDWARD WILSON, JR.,¿s practice focuses on cross-border financial and highend trade transactions. He represents U.S. and foreign nationals (corporations and individuals) in general and business and corporate matters, as well as in the areas of export-import regulations, privacy controls and regulations, government contracts, international payments, home and host country business regulation, foreign investment in the United States, and investment by U.S. companies abroad. Mr. Wilson has eight years of government experience. He served three years in the Treasury Department, rising to Acting General Counsel. He also served as Associate Counsel to the President and General Counsel and Deputy Director in the White House Office of Administration. J.D., Georgetown University Law Center, 1976 B.A., with distinction, University of Virginia, 1973
Jatras, James
JAMES JATRAS focuses his practice on a range of legislative and political issues and on international affairs including the global terror-risk environment. Mr. Jatras has extensive experience at the senior staff level in the U.S. Senate in a broad range of policy areas, with concentrations in foreign policy, global terrorism, international trade, immigration, and social issues. Before joining Venable, Mr. Jatras served on the U.S. Senate Republican Policy Committee (beginning in 1985), under three Chairmen: Larry Craig (R-ID), Don Nickles (R-OK), and Bill Armstrong (R-CO). J.D., Georgetown University Law Center, 1978 B.A., Pennsylvania State University, 1974
Sturner, Jan
JAN STURNER represents management in a vast array of labor and employment matters. His practice includes counseling and defending private and public entities with respect to statutes such as the Americans with Disabilities Act, Family and Medical Leave Act, Title VII (race, color, national origin, religion, and sex/gender discrimination and harassment), Age Discrimination in Employment Act and the Worker Adjustment and Retraining Notification Act. Mr. Sturner also provides day-to-day advice and litigation defense to employers in matters stemming from state and local employment laws including common-law invasion-of-privacy claims. In addition, he is actively involved in representing employers in collective bargaining with unions, grievance/arbitration proceedings, and unfair labor practice cases before the National Labor Relations Board and in lobbying the United States Congress on behalf of clients¿ interests. Mr. Sturner has authored several articles addressing workplace issues, which appear in publications such as the Law Review of Michigan State University, Hofstra Labor & Employment Law Journal, Labor Law Journal, and The Labor Lawyer. LL.M. (Labor & Employment Law), with distinction, Georgetown University Law Center, 1998 J.D., with honors, University of Arkansas School of Law, 1997 B.A., Brown University, 1994
Kell, LaShon
LASHON KELL focuses her practice on securities law matters and corporate governance issues. Ms. Kell has over two and a half years of experience as a staff attorney in the U.S. Securities and Exchange Commission¿s Division of Enforcement. She has five additional years of SEC experience in the Office of International Affairs, where she worked prior to and during law school. As a staff attorney, Ms. Kell conducted investigations concerning insider trading, accounting fraud, and "fair disclosure" issues. She also worked on the Section 704 Study regarding SEC financial fraud investigations pursuant to the initiatives set forth by the Sarbanes-Oxley Act. In December 2001, Ms. Kell received an Enforcement Division Director¿s Award for bringing three cases before the Commission in her first year as a staff attorney. J.D., Georgetown University Law Center, 2000 B.A., with distinction, University of Kentucky, 1993
Joyce, Frederick
FREDERICK JOYCE is chair of Venable¿s Telecommunications Practice Group. His telecommunications practice includes domestic and international regulations and treaties, public and private financial transactions, appellate and civil litigation matters pertaining to telecommunications, and state/federal telecommunications legislation, with a particular emphasis on wireless communications. J.D., Georgetown University Law Center, 1984 B.A., magna cum laude, George Washington University, 1980
Kaplun, Paul
PAUL KAPLUN, Vice Chair of Venable¿s Business Division, focuses his practice on all aspects of corporate and business transactional planning and advisory services for established and emerging growth companies and entrepreneurs in a variety of industries, including mergers and acquisitions, corporate governance and board of director matters, venture capital transactions, private debt and equity financing transactions, joint ventures and teaming arrangements, executive compensation arrangements, and ownership exit strategies and succession planning. J.D., Georgetown University, 1984 B.S.B.A., magna cum laude, Georgetown University, 1978
Garinther, Geoffrey
GEOFFREY GARINTHER co-chairs Venable¿s Corporate Governance and Investigations Group. A former federal prosecutor, Mr. Garinther is a white collar criminal defense lawyer with 20 years of investigative, trial, and appellate experience. J.D., University of Pennsylvania Law School, 1984 B.A., magna cum laude, Washington College, 1981
Locaria, Dismas
DISMAS LOCARIA is an associate in the Government Contracts Group. He assists clients in various government contract areas, including suspension and debarment matters, the Buy American and Trade Agreements Acts, General Services Administration Federal Supply Schedule contracting, and homeland security related matters. Mr. Locaria previously authored Frankel v. Board of Regents of the University of Maryland System ¿ In the Name of Equality: The Proper Expansion of Maryland¿s Heightened Rational Basis Standard. J.D., with honors, University of Maryland School of Law, 2003 B.A., magna cum laude, San Francisco State University, 1999
Venable, LLP
About Venable
As one of The American Lawyer¿s top 100 law firms, Venable LLP has lawyers practicing in all areas of corporate and business law, complex litigation, intellectual property, and government affairs. Based in Washington, D.C., Venable serves corporate, institutional, governmental, nonprofit, and individual clients throughout the United States and abroad. Founded more than a century ago, Venable is chaired by former Attorney General of the United States Benjamin R. Civiletti.
About Venable¿s Homeland Security Practice
Since September 11, 2001, Congress has passed dozens of laws that have completely transformed federal legislation governing matters as diverse as finance, labor, intellectual property, ports and transportation, energy and environment, food and drugs, and many, many others. Each of these new laws entails countless regulatory changes by a host of federal agencies: a process that, in some cases, had begun even before the legislation took force. Some of the changes create new opportunities for firms and industries in the form of government contracts to implement new security responsibilities. Even more profound are the regulatory compliance and potential liability issues that will confront state and local governments and the private sector. Unfunded federal mandates are being imposed across the board, and the Department of Homeland Security faces daunting challenges in seeking appropriations sufficient to fund its activities, even as its leadership continues the very complex process of integrating its agencies and functions. Perhaps most important in its potential impact on transportation and commerce is the growing realization that this legal and legislative revolution shows no signs of coming to an end.
Venable¿s Homeland Security Group serves as a resource to help clients navigate the complex regulatory, legal, and legislative matrix of our post-September 11 world. As a full-service law firm, Venable is able to bring together experience from a number of practice areas relevant to these fast moving developments, to ensure clients¿ ability to leverage new opportunities in contracts and business transactions, as well as to protect themselves from potentially damaging regulatory and liability costs. Venable¿s Homeland Security Group includes attorneys from its Transportation, Banking and Financial Services, Business Transactions, Corporate Finance and Securities, Energy, Environment, Food and Drug, Government Contracts, Intellectual Property, International Trade, Labor and Employment, Regulatory, and Litigation practice groups. Finally, the firm¿s Legislative practice group gives Venable clients vital access to Congress as the parade of bills marches on, as well as into the Executive Branch and other entities that are charged with enforcement.
Venable hopes that this Deskbook is a useful tool in understanding the complex and evolving legal, regulatory and legislative issues surrounding Homeland Security.
www.venable.com
Klein, Tammy
TAMMY KLEIN is an associate in the firm¿s Government and Regulatory Affairs Group, focusing on regulatory and policy issues with a focus on advertising and marketing, trade and professional associations, international trade, and environmental matters. Her experience includes assisting clients in ongoing regulatory matters before the Federal Communications Commission and Federal Trade Commission. J.D., Georgetown University Law Center, 2003 B.S., University of Florida, 1995
Smith, Stuart
STUART SMITH, a registered patent attorney, counsels clients in protection of their intellectual property. Mr. Smith focuses primarily on patent protection of inventions in the mechanical arts as well as business methods. His focus is primarily on preparation, prosecution, enforcement and foreign filing of U.S. domestic patent applications. Mr. Smith counsels clients with respect to developing intellectual property portfolios and intellectual property management programs, validity and infringement opinions, and technology due diligence matters. J.D., George Mason University School of Law, 1992 B.S. Mechanical Engineering, Virginia Polytechnic Institute & State University, 1986
Madden, Thomas
THOMAS MADDEN assists clients in government contract and related intellectual property matters; contract award protests before the General Accounting Office and the U.S. Court of Federal Claims; contract claims before agency boards of contract appeals and the Court of Federal Claims; and civil litigation in federal courts involving government prime contractors and subcontractors. Mr. Madden is a former Chairman of the Public Contract Law Section of the American Bar Association and former President of the Court of Federal Claims Bar Association. J.D., cum laude, Catholic University of America Columbus School of Law, 1968 B.E.E., Villanova University, 1964
Nelson, Leah
LEAH NELSON is an associate in the Regulatory Practice Group where she focuses on issues related to the regulation of food and drugs. J.D., magna cum laude, University of Richmond School of Law, 2005 B.A., College of William & Mary, 2001
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