International law firm Fasken Martineau DuMoulin LLP today announced the formation of a multi-disciplinary practice group focused on National Security and Critical Infrastructure Protection. Fasken’s National Security Group is specifically designed to meet the urgent and emerging needs of clients facing the unprecedented legal and public affairs challenges of the global pandemic and rapidly-shifting domestic and international security environments.
“Businesses are increasingly confronted by situations involving national security – situations that, pre-pandemic, would never have attracted the same level of scrutiny from governments, politicians, and security agencies,” said Marcia Mills, Co-Leader, National Security, at Fasken.
“National security is not a defined term in Canadian law. It is what government says it is and for this reason, individuals, investors, and businesses are vulnerable to unpredictable and even arbitrary action by government – action that can reduce profit margins, disrupt deals, and even end commercial viability,” said Andrew House, Co-leader, National Security, at Fasken.
Whether confronting data breaches, navigating deals with foreign partners or government agencies, protecting large supply chains, or containing fraud and abuse threats related to the pandemic, Canadian businesses and companies seeking to invest in Canada find themselves drawn into the country’s federal and provincial security regimes.
Fasken’s National Security Group – among the first of its kind in Canada — includes senior legal, policy, and government relations practitioners from multiple practices and all regions of Canada. Areas of focus include: foreign investment, essential business regulation, critical infrastructure protection, procurement and government contracts, privacy and cybersecurity, export controls, economic sanctions and controlled goods, white-collar defence and investigations, and government security clearances.
“Historically, critical infrastructure and supply chain assurance were viewed as niche issues, but they have rushed to the forefront as businesses realize the essential nature of their products and services to the well-being of Canadians, and governments demand they be protected from infiltration or compromise,” continued Mr. House.
“Our team is focused on helping clients navigate emerging national security concerns affecting all aspects of business – from safeguarding data storage to negotiating partnerships with foreign enterprises,” continued Ms. Mills. “We’re navigating new realities for our clients, and we’re doing so with skills honed over decades of practice and organized to rapidly achieve the best possible outcomes for clients and for Canadians.”