Brian E. Kaveney
A former U.S. Marine Corps infantry captain and member of the Secretary of the Navy’s staff, Brian Kaveney is a now an attorney and partner who serves as general counsel for clients across the U.S. He focuses on preventing issues and ensuring compliance for trusted clients, and has significant trial experience. Additionally, Brian founded and leads one of the most trusted Industrial Security practices in the U.S. This practice supports clients, including research labs and universities, around the world. He has earned a national reputation in issue prevention, industrial security, government contracts (i.e., federal contract issues), investigations and trials. Brian aims to apply those lessons learned from supporting clients across various industries to serve The Fund and the members of all branches of the U.S. Armed Forces and their families from a legal perspective. Brian and his wife, Becky, have four children and live in St. Louis.
Administrative/Regulatory Industrial Security Law
(Security and Facility Clearance Law)
Brian’s experience includes legal compliance, internal investigations and defense of government actions before certain agencies of the DoD such as the Defense Office of Hearings and Appeals (DOHA). When possible, he employs a collaborative approach with the U.S. Government, focusing on cost-effective solutions to save clients time, money and reputational harm. Brian has established strong compliance and industrial security programs for government contractors, universities and other facilities. He and his team conduct extensive review of candidates and screen certain employees for employers to reduce risk exposure. In the facility clearance (FCL) context, concerns relating to Foreign Ownership, Control or Influence (FOCI) often arise due to the global market. Brian anticipates, negotiates and implements the appropriate structures to mitigate and comply with the FOCI issues under the National Industrial Security Program Operating Manual (NISPOM). Brian and his team of former Defense Security Service (DSS) officials guide cleared companies to address regulations and prevent undue influence from foreign entities, while enabling companies to successfully perform in a FOCI environment. Individual Clearance Cases
If a key, trustworthy employee faces a security clearance revocation or denial, Brian and his team analyze the allegations and then mitigate or explain the security concerns to obtain favorable decisions for the individual at the earliest opportunity.
Brian has extensive experience winning matters already in dispute before various tribunals, including DOHA and other U.S. agencies. He has prevailed in cases before these agencies on behalf of executives and key trustworthy employees by presenting the appropriate mitigating evidence. Numerous legal journals and industry periodicals have published Brian’s articles. He has served as an expert witness in this context in litigation matters. Further, national publications such as Reuters and Bloomberg have interviewed and quoted Brian as a source for industrial security matters.
Government Contract Challenges
Brian and his team of lawyers and non-lawyers (including retired government contractor professionals) work to ensure clients anticipate changing policies and procedures within the U.S. Government, particularly the DoD. The team helps privately held entities, foreign-owned entities and publicly traded companies maintain and adhere to the appropriate rules, regulations and unique procedures. For example, the team has coordinated several successful novations under significant time constraints that required coordination across multiple agencies.
Outside General Counsel
In his role as outside general counsel, Brian uses his Marine Corps and legal training to consider the structure, vulnerabilities and efficiencies of the business’ operations. Brian and his team implement strategies using lessons learned from other situations to enable businesses to plan for problems. Additionally, Brian ensures that companies are ready to deal with challenges quickly and efficiently so that they may remain focused on growth and other objectives. The team learns the business and focuses on issues such as mergers and acquisitions, employment issues, financial transactions, and patents and trademarks.
Litigation
In the corporate area, Brian provides counsel on business law and governance matters, joint ventures involving multinational entities and transactions. He implements plans and preventative measures to reduce risks and avoid litigation. However, if litigation cannot be avoided, Brian represents clients in a wide range of matters, including breach of contract, noncompete agreements, trade secrets, confidentiality and fiduciary duty matters, shareholder disputes and employment matters. He has served as trial counsel in state and federal courts in Missouri and Illinois as well as administrative hearings across the U.S., such as before DOHA.
Honors & Awards
Brian was selected as one of 163 attorneys under the age of 40 to be a National Law360 Rising Star in the aerospace and defense field. In addition, he received the Society Award from the Society of Industrial Security Clearance Professionals (NCMS) and was recognized as a “40 under 40” honoree by the St. Louis Business Journal. He was named an “Up and Coming Lawyer” by Missouri Lawyers Weekly and a Missouri/Kansas Super Lawyer®.
Community Involvement
Brian uses his legal knowledge, particularly with respect to compliance and corporate governance, to counsel charities. For example, he has performed pro bono work for charitable organizations that serve veterans suffering from PTSD and those that help veterans and their families, particularly during challenging, long deployments.
SIGNIFICANT ACCOMPLISHMENTS
One of 163 attorneys under 40 selected for the Law360 national Rising Star list in Aerospace and Defense (2014)
Missouri/Kansas Super Lawyers®, Rising Star (2013-2016); Super Lawyers®, Business Edition Received 2013 Society Award from the Society of Industrial Security Professionals (NCMS) Recognized as a 40 Under 40 honoree by the St. Louis Business Journal (2013) Named an “Up and Coming Lawyer” by Missouri Lawyers Weekly (2008) Board of Governors of the Marine Corps Association Award, Captain and Honor Graduate
(1998)
PRESENTATIONS & PUBLICATIONS
Brian is a frequent speaker and author on a variety of legal topics and he has been quoted by major national publications on industrial security law. Brian has also focused on legal topics in Missouri and Illinois. For example, Brian has published extensive articles on tort reform and the common interest rule. His articles have been cited by judges in their opinions.