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.
Principal, Sharon Fast Gustafson, Attorney at Law, PLC
SHARON FAST GUSTAFSON is the immediate past General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC), where she enforced Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
Ms. Gustafson graduated with honors from Georgetown Law Center in 1991 and has concentrated her practice in employment law. She worked for four years in the labor and employment law group at Jones, Day in Washington, D.C. Since that time, she has had a broad-based solo practice advising and representing employers and employees in handling all aspects of the employment relationship, in compliance with federal and state workplace laws, and in designing and implementing sound employment policies and practices.
Ms. Gustafson is an experienced litigator in federal and state courts; before administrative agencies, including the EEOC, state and local civil rights offices, and the Department of Labor (DOL) Wage and Hour Division; and in mediation and arbitration. She is admitted to practice in state and federal courts in Virginia, Maryland, and the District of Columbia, and in the United States Supreme Court.
Ms. Gustafson successfully litigated a pregnancy discrimination case, Young v. UPS, 575 U.S. 206 (2015), from EEOC intake to a successful outcome at the U.S. Supreme Court. In 2016, she received the Metropolitan Washington Employment Lawyers Association’s “Lawyer of the Year” award “in recognition of outstanding dedication to Civil Rights, Equality, and Justice.”
Ms. Gustafson represents both employers and employees in matters relating to employment law.
Of Counsel, Fusion Law, PLLC
Sarah Rafie Pineau has extensive experience in navigating complex employment disputes in a variety of industries. Her practice focuses on all facets of employment law, with an emphasis on wrongful termination, retaliation, and discrimination claims including race, age, disability, and sex discrimination. Sarah also has experience counseling clients on compliance with various state and federal employment statutes.
Sarah previously served as a law clerk to Judge Kathryn H. Vratil of the United States District Court for the District of Kansas, and as an associate at a large law firm.
Sarah received her J.D. from the University of Virginia School of Law, where she served on the Executive Board for the Federalist Society and the Law Christian Fellowship. Sarah also received the Bracewell LLP Appellate Advocacy Award for outstanding oral advocacy and was a member of the Journal of Law and Politics.
Prior to law school, Sarah interned for Judge Jennifer W. Elrod of the United States Court of Appeals for the Fifth Circuit. Sarah graduated Phi Beta Kappa and summa cum laude with a degree in Political Science from Baylor University.
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
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.
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...
IHC Update: Protecting Your Company from the Inside – Analyzing New Administration Policies, Opposing State AG Policies, and Internal Pressures
Federal and State Enforcement Perspectives on SFFA and DEI Programs
Sharon Fast Gustafson, Sarah Rafie Pineau, Paul N. Watkins
1 hour (60 minutes) of CLE available CLE Info Nearly one year ago, in...