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, Holtzman Vogel
Jonathan Fahey is partner with Holtzman Vogel and focuses his practice on investigations and white-collar criminal defense, representing individuals and corporations in high-stakes litigation in federal and state court.
A former federal and state prosecutor and seasoned trial lawyer, having tried dozens of criminal and civil cases to a jury in federal and state court, Jonathan has also successfully litigated significant constitutional issues. He also utilizes his years of leading grand jury investigations to assist clients with government and corporate investigations.
Jonathan began his career as a judicial law clerk for the Arlington County Circuit Court. He then worked as an Assistant Commonwealth’s Attorney in Fairfax County before transitioning to the United States Attorney’s Office in the Eastern District of Virginia, where he served as an Assistant United States Attorney and Special Assistant United States Attorney.
While with the United States Attorney’s Office, Jonathan led grand jury investigations in cases involving RICO, drug trafficking, human trafficking, public corruption, and white-collar offenses. For his work, he received multiple awards, including the Attorney General’s John Marshall Award, for the prosecution of a serial killer and sexual predator. He held several leadership positions within the office, including serving as the chief of the Special Assistant United States Attorney Section, where he trained and supervised attorneys in the prosecution of felony and misdemeanor cases. He also regularly conducted training for law enforcement agencies on legal and ethical issues.
In addition to his work as a criminal prosecutor, Jonathan has significant leadership experience within the executive branch. He served as the general counsel with the White House Office of National Drug Control Policy. He also served as Deputy Assistant Secretary at the Department of Homeland Security, Acting Principal Legal Advisor and then Acting Director for Immigration and Customs Enforcement.
Jonathan appears frequently on Fox News and Fox Business providing legal analysis as well as commentary on current events and political issues.
General Counsel and Chief Compliance Officer, SAP National Security Services
Joseph Moreno is SAP NS2’s General Counsel and Chief Compliance Officer. Joe manages legal risk, oversees compliance, and ensures the company operates within legal boundaries as we conduct business with the U.S. Government and highly regulated entities.
Prior to joining SAP NS2, Joe was a Global Litigation partner with Cadwalader, Wickersham & Taft LLP. Before private practice, Joe served as a federal prosecutor at the U.S. Department of Justice in the National Security Division’s Counterterrorism Section, where he investigated and prosecuted international money laundering, terrorist financing, and other financial crimes. A decorated combat veteran of Operations Enduring Freedom and Iraqi Freedom, Joe is a Lieutenant Colonel in the United States Army Reserve and has served on active duty in Europe, the Middle East and Africa.
Joe earned his undergraduate degree from Stony Brook University, his law degree from St. John’s University School of Law, and an M.B.A. from St. John’s University Peter J. Tobin College of Business.
Partner, Holtzman Vogel
Mark Pinkert is a litigation and appellate partner with Holtzman Vogel. He represents clients at every stage of litigation, in state and federal courts around the country. He has extensive experience in constitutional law, administrative law, political law, antitrust, white collar defense, and complex commercial disputes. Additionally, Mark maintains an active practice focused on religious freedom, First Amendment rights, and combatting antisemitism, especially on college campuses.
Mark is a formidable writer and advocate. He has drafted letters, white papers to government agencies, legal memoranda, regulatory comments, complaints, dispositive motions, motions in limine, appellate briefs, and several briefs in the U.S. Supreme Court. His incisive and persuasive writing style has helped him earn key victories for his clients. Mark has argued a Daubert motion in a multi-billion-dollar environmental dispute and was recently appointed lead counsel by the Eleventh Circuit Court of Appeals to represent an indigent petitioner in a habeas corpus appeal. Mark’s legal commentary has been published in The Wall Street Journal, National Review, Times of Israel, Daily Business Review, University of Miami Law Review, and many others.
Mark is also an adept legal strategist, advising some of the largest companies in the world on their most pressing issues. Rather than merely react to problems, he provides holistic thinking and anticipates issues before they arise. He helps clients develop proactive plans of action that mitigate risks, avoid conflict, and reduce costs.
Before joining Holtzman Vogel, Mark worked at a global law firm and clerked for the Honorable Adalberto Jordan (11th Cir.) and the Honorable Roy K. Altman (S.D. Fla.). Clerking at both the trial and appellate levels has given him rare insight into the federal court system and has sharpened his advocacy.
At Yale Law School, Mark was an Articles Editor for the Yale Law Journal and an editor for the Yale Journal of Law & Humanities. He was also a research assistant and taught constitutional law to high school students in New Haven.
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.
IHC Update: Protecting Your Company from the Inside – Analyzing New Administration Policies, Opposing State AG Policies, and Internal Pressures
Kellen Dwyer, Jonathan L. Fahey, Joseph Moreno, Mark I. Pinkert
Immediately after being confirmed, Attorney General Pam Bondi issued a slate of memos to Justice...
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...