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.
Partner, HWG LLP
Patricia Paoletta is a partner with the law firm of HWG LLP, where she specializes in telecommunications, trade and technology policy. Ms. Paoletta provides advice on regulatory, trade and legislative policy to clients before the FCC, Congress and the Administration. Her clients include providers of content, cloud, mobile broadband, VoIP, international telecommunications, small cells, cognitive radio, public safety and homeland security solutions. She serves on Advisory Boards for several entities engaged in information services, communications and technology.
Ms. Paoletta has accrued considerable experience with telecommunications trade and policy in the public sector. From 1990 to 1995, she was senior advisor to the International Bureau Chief and Office Director at the Federal Communications Commission. In the mid 1990s, Ms. Paoletta served as Director of Telecommunications Trade Policy in the Office of the U.S. Trade Representative, Executive Office of the President, where she worked on the WTO Information Technology Agreement (ITA) and the Basic Telecommunications Agreement. After USTR, Ms. Paoletta served as Majority Counsel to the House Energy and Commerce Committee. She then moved to Level 3 Communications, as Vice President, Government Relations.
Ms. Paoletta is on the Steering Committee of the Transatlantic Roundtable on Telecommunications and Information Technology of the European Institute. She is a member of the USTR Alumni Association, Washington International Trade Association, the Federal Communications Bar Association (FCBA), and Women in Technology. Ms. Paoletta has served on the Board of Advisors for the Inter-American Dialogue's Latin America Telecom Advisor, Co-Chairman of the American Bar Association International Communications Committee, and as a member of the U.S. Chamber of Commerce's Technology Policy Committee.
Ms. Paoletta served as a delegate in 2012 to the ITU-R's Study Group 6 Working Party 6A Meeting and in 2009 and 2010 to the ITU-R's Study Group I Working Party IB Meetings; the 2009 meetings of CITEL (the Committee on International Telecommunications at the Organization of American States) PCC-II; the International Telecommunication Union (ITU) World Telecommunications Standards Assembly (2000); the ITU Internet Protocol Telephony Experts Group and the ITU World Telecommunications Policy Forum in 2001; as Chairman of the National Reliability and Interoperability Council (NRIC) Steering Committee (2000-2001); as Board Member for the Voice on the Net Coalition (2001); as Co-Chairman of the FCBA's Annual Seminar Committee (2009-2011); as a member of the FCBA's Ad Hoc Speakers Committee (2006-2007); as Co-Chairman for the FCBA International Practice Committee (2001-2002 and 2005-2006); and as a Co-Chairman of the FCBA Legislative Practice Committee (1999-2000).
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...
The Cybersecurity Overreach: A Few Harsh Words About the President’s Cybersecurity Executive Order, Along with a Better Solution
Patricia J. Paoletta
Note from the Editor: This article is a discussion about Executive Order 13636 on cybersecurity...