Partner, Holtzman Vogel
Kellen is an experienced trial and appellate lawyer who litigates criminal, civil, and regulatory cases in a variety of areas, including cybersecurity & privacy, constitutional law, complex fraud, and national security. In criminal matters, he has obtained declinations, dismissals, misdemeanor pleas, and presidential pardons for prominent individuals and companies facing federal investigations. In civil matters, he has successfully defended Fortune 500 companies in multidistrict litigation and brought affirmative litigation to challenge government overreach. Kellen has a perfect record in both jury trials and appellate arguments: he has twice obtained reversals of jury verdicts on appeal and he won every trial and appeal during his six years as a federal prosecutor.
As an Assistant U.S. Attorney in the Eastern District of Virginia, Kellen obtained a hacking indictment against Julian Assange and represented the United States at Assange’s extradition hearings. He also received the Attorney General’s Award for leading the trial and arguing the appeal in a case charging a malware-testing company with aiding and abetting the 2013 cyberattack on Target Stores. The case is now the lead precedent governing when tech companies can be held liable for crimes committed by their users. Kellen won convictions in dozens of cases involving hacking, wiretapping, complex fraud, conspiracy/RICO, public corruption, national security, and intellectual property.
Kellen was later promoted to Deputy Assistant Attorney General of DOJ’s National Security Division (NSD), where he ran NSD’s Appellate Unit, which represents the DOJ in civil and criminal appeals affecting national security and advises on sensitive prosecutions involving export controls/sanctions, trade secrets, and the Foreign Agents Registration Act (FARA). In that role, Kellen oversaw the defense of President Trump’s TikTok and WeChat bans and successfully sought certiorari in civil cases interpreting the Foreign Intelligence Surveillance Act and the State Secrets doctrine.
Partner and Co-Chair, Global Risk & Crisis Management Practice, Morrison & Foerster LLP
Co-chair of Morrison & Foerster’s Global Risk and Crisis Management group, Alex routinely advises Fortune 500 and high-growth clients on all aspects of breach preparedness and response, including counseling executives on cybersecurity governance and risk management, and responding to cyber incidents ranging from ransomware attacks to nation-state sponsored economic espionage. His incident response experience includes managing and advising on: Internal and forensic investigations; Remediation; Regulatory and contractual notification obligations; Coordination with law enforcement; Inquiries from data protection authorities, state attorneys general, and other regulators; Internal and external communications; and Interactions with insurers and auditors.
He also advises clients on responding to law enforcement requests, the lawfulness of defensive network activities and threat intelligence research, and legal issues arising under the Electronic Communications Privacy Act (ECPA), the Wiretap Act, and Cybersecurity Information Sharing Act (CISA).
Drawing on his experience at the National Security Division of the U.S. Department of Justice, Alex also advises global entities on legal obligations related to the Foreign Agents Registration Act (FARA); foreign investment transactions before the Committee on Foreign Investment in the United States (CFIUS); and laws related to material support to terrorism, sanctions, and export controls.
Prior to joining Morrison & Foerster, Alex held multiple senior positions at the DOJ, including Counselor to the Attorney General, Deputy Chief of Staff and Counsel to the Assistant Attorney General for National Security, and Special Assistant United States Attorney in the Eastern District of Virginia. Throughout his time at DOJ, he advised the Department leadership on national security, intelligence and cyber matters, including policy and legal issues arising in the National Security Council process, CFIUS matters, complex issues involving FARA, and engagements with non-U.S. officials. He also represented the Department on the Export Control Reform Initiative that sought to strengthen national security and the competitiveness of key U.S. manufacturing and technology sectors, and before the Foreign Intelligence Surveillance Court on issues involving novel questions at the intersection of law and technology.
Most recently, as a prosecutor in the National Security and Cybercrime Units of the U.S. Attorney’s Office for the Eastern District of Virginia, Alex brought the Department’s charges against Russian efforts to interfere in the 2018 midterm elections. During his time at the U.S. Attorney’s Office, he also investigated, and/or prosecuted, federal crimes ranging from espionage, trade secret theft, and national security cyber matters, to fraud, firearm, and drug offenses.
Alex received the Assistant Attorney General Award for Excellence in 2014 and 2018, and the Assistant Attorney General Award for Distinguished Service in 2014.
Prior to his DOJ service, Alex clerked for Judge Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit, and in the Office of the White House Counsel.
During his tenure at Yale Law School, Alex served as Editor-in-chief of the Yale Journal of International Law and participated in the Civil Liberties & National Security Clinic.
He is the recipient of the Paul & Daisy Soros Fellowship for New Americans and a Fellow in the Truman National Security Project.
Senior Director, Global Investigations, Cognizant
Brian Lichter directs and oversees sensitive internal investigations related corruption, bribery, fraud, and other serious misconduct; manages outside counsel where appropriate; and responds to government requests and inquiries. He serves as Cognizant's primary cybersecurity attorney, including managing incident response to cyber incidents and providing legal advice regarding cybersecurity issues and crisis management.
Senior Director, Global Investigations, Cognizant
Brian Lichter directs and oversees sensitive internal investigations related corruption, bribery, fraud, and other serious misconduct; manages outside counsel where appropriate; and responds to government requests and inquiries. He serves as Cognizant's primary cybersecurity attorney, including managing incident response to cyber incidents and providing legal advice regarding cybersecurity issues and crisis management.
Partner, King & Spalding LLP
Rod J. Rosenstein is a partner in King & Spalding’s Special Matters & Government Investigations practice. Drawing upon three decades of experience as a federal prosecutor and a senior government official, Rod helps clients resolve complex regulatory and litigation challenges, including government investigations, crisis management, internal investigations, national security, compliance and monitoring.
Rod served in senior leadership positions at the U.S. Department of Justice during the administrations of Presidents George W. Bush, Barack Obama and Donald Trump, including as Deputy Attorney General (2017 to 2019) and United States Attorney for Maryland (2005 to 2017).
As the second-highest ranking official at the Department of Justice, Rod was responsible for overseeing 115,000 employees in the Department’s litigating divisions, law enforcement agencies and United States Attorney’s Offices, and for formulating and implementing federal enforcement policies. He led the revision of policies concerning corporate criminal prosecutions and parallel domestic and foreign investigations, Foreign Corrupt Practices Act matters, and health care fraud cases. He also reviewed significant proposed criminal and civil enforcement actions, proposed False Claims Act settlements and related matters, and proposals to appoint corporate monitors. Rod also acted on national security matters subject to review by the Committee on Foreign Investment in the United States (CFIUS). Additionally, Rod led the interagency Task Force on Market Integrity and Consumer Fraud and developed a strategy to combat cybercrime as head of the Department’s Cyber-Digital Task Force.
Partner, Latham & Watkins LLP
Jonathan Su, Deputy Office Managing Partner of the Washington, D.C. office and a former Special Counsel to the President, advises clients on government, Congressional, and internal investigations as well as related litigation.
Mr. Su advises corporations, boards of directors, and individuals on investigations conducted by the Department of Justice (DOJ), US Congress, the Securities and Exchange Commission (SEC), and other federal agencies. Mr. Su also conducts internal investigations regarding a wide range of alleged misconduct, including corruption, financial irregularities, and sexual misconduct.
As part of his work, Mr. Su helps navigate often intense government and media scrutiny so that clients can maintain their business operations. In so doing, he draws on significant experience both in private practice representing leading corporations and individuals, as well as his prior work at the highest levels of the Executive Branch and as a federal white collar crime prosecutor.
In his prior role as Special Counsel to President Barack Obama, Mr. Su advised the President and senior White House and Executive Branch officials on a wide range of matters, including Congressional investigations, risk management, nominations and personnel issues, litigation matters involving the White House, and matters relating to the DOJ. He also advised the President on executive clemency matters. Mr. Su’s responsibilities at the White House Counsel’s Office included engaging with senior officials of several cabinet agencies, including the Departments of Justice, the Treasury, Health and Human Services, Homeland Security, Veterans Affairs, and several offices within the Executive Office of the President.
Prior to joining the White House, Mr. Su served as an Assistant United States Attorney in the District of Maryland where he conducted 12 jury trials to verdict. Among his most significant matters, Mr. Su led a team of FBI and IRS agents in securing convictions (through jury trials and guilty pleas) of the leaders of a US$78 million Ponzi scheme affecting more than 1,000 victims in the East Coast and California (United States v. Andrew Williams, et al). Mr. Su also led the Maryland component of a joint Maryland / District of Columbia federal prosecution of the largest embezzlement (US$49 million) in the history of the District of Columbia government (United States v. Harriette Walters, et al). In 2011, then-United States Attorney Rod J. Rosenstein awarded Mr. Su the US Attorney’s Award for Excellence in Prosecution of Fraud.
Earlier in his career, Mr. Su served as a law clerk to both Judge Julian Abele Cook, Jr. of the US District Court for the Eastern District of Michigan, and Judge Ronald M. Gould of the US Court of Appeals for the Ninth Circuit.
Mr. Su currently serves as Chair of Latham’s Global Pro Bono Committee, through which the firm has provided more than 3.5 million hours of free legal services valued at more than US$1.6 billion since 2000.
Senior Director, Global Investigations, Cognizant
Brian Lichter directs and oversees sensitive internal investigations related corruption, bribery, fraud, and other serious misconduct; manages outside counsel where appropriate; and responds to government requests and inquiries. He serves as Cognizant's primary cybersecurity attorney, including managing incident response to cyber incidents and providing legal advice regarding cybersecurity issues and crisis management.
Nation-State Cybercrime: Perspectives on the Problem and Response with Two Former DOJ National Security Officials
Kellen Dwyer, Alex Iftimie, Brian Lichter
Recent cyber attacks by the Russian and Chinese governments involving SolarWinds and Microsoft exposed cyber-related...
FCPA Enforcement In the Trump Administration and Beyond
Brian Lichter, Rod J. Rosenstein, Jonathan Su
The Foreign Corrupt Practices Act (FCPA) governs conduct of U.S. businesses and individuals conducting business...
Turner v. United States - Post-Argument SCOTUScast
Brian Lichter
SCOTUScast 5-17-17 featuring Brian Lichter
On March 29, 2017, the Supreme Court heard oral argument in Turner v. United States,...