In chronological order below, we have included a sample of our legal writings.

Responding to the Statement of Reasons

OK, you’ve received a Statement of Reasons, looking something like the image to the right, perhaps going on for a few pages, and you are asking yourself “How do I respond to this?”

Security clearance appeals are very fact driven. Even very good facts must be organized and presented clearly and persuasively to answer the concerns raised.

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Security Clearance Appeals Process

Security clearance appeals proceedings are different from proceedings in a court, though some portions may resemble court proceedings in some ways. They are also different from each other, depending on who the Applicant works for and which agency “holds” the clearance. Although all agencies must apply the same substantive guidelines, the procedures used by the Department of Defense, the Central Intelligence Agency, the National Security Agency; the Defense Intelligence Agency, the FBI, the Department of Justice, the State Department, the Energy Department, Homeland Security, and the National Reconnaissance Office vary widely. We know this viscerally because we’ve worked with clients affected by the actions of each of these agencies.

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Pre-Clearance Counseling

You may have looked at a form that you need to complete in the application process, or read something in a newspaper or an online posting, or heard something, that causes you to be concerned about some aspect of your past. We can discuss your profile with you, assess concerns you may have, and offer you insight into what you might do to improve your prospects and the processing of your application.

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Planning the Business Relationship: Disagreements

Planning for the best outcome and also for unhappy outcomes in a business relationship is vital. While we focus here on relations between individuals jointly owning a business, many of the points made can apply to relationships between businesses.

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Security Clearance Appeals

If you are reading this article, you’ve probably received some form of notice to the effect that your security clearance application or clearance status is in trouble. Here is some useful information about the security clearance appeals process.

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Completing the EQip or SF86

Once you have been sponsored for a clearance, your critical first step is to complete the SF86 form (“EQip” when online) fully and accurately. Most folks who go through this process find themselves facing one of more of three problems.

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Non-Compete Agreements

Generally speaking there are two kinds of non-compete agreements; those between companies and those between an employer and employee. Agreements between companies (including contractor-subcontractor con-competes) are subject to heightened scrutiny under the antitrust laws and the complexities of those laws make any simple generalized explanation dangerous to rely upon. In this note we will focus on non-compete agreements between an employer and an employee.

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Sexual Harassment

The purpose of this note is to offer a broad outline of the law of sexual harassment. Individuals and companies facing potential sexual harassment situations are encouraged to consult with counsel at the earliest opportunity.

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Trade Secrets

Eisen & Shapiro’s business lawyers counsel employers and employees on a broad range of trade secrets matters and competition matters. We have undertaken integrity audits, investigated potential breaches or infringements, prepared and reviewed employment and venture-related contracts involving trade secrets and/or non-competition agreements, negotiated agreement language, and prosecuted and defended lawsuits. As required we use experienced business investigative services in these matters.

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Structuring a Business

There is no one choice suitable for all businesses. Over the life of an enterprise every business form has tax, managerial, liability and reporting consequences. Changing a business’s structure, either because the wrong form was initially selected or because developments in the business recommend that it take a different form, can be costly.

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On Whistleblowing

Most states’ courts explicitly recognize the “right to work” principle in employment law. Generally speaking, that principle is shorthand that guides courts’ decisions in a variety of employment disputes. The disputes may range from the right of a former employee to compete against a former employer to the right of an employer to terminate an employee for any reason or for no reason at all.

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On Government Contracts

Government contracts are a primary focus of many businesses in the Washington D.C. metropolitan area. Contracting with local, state and federal governments is typically accomplished through a bidding process intended to secure for the contracting government entity the best possible terms and prices.

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