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.
Assistant Professor of Law, American University Washington College of Law
Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Prof. Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center.
Prof. Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include The Un-Territoriality of Data, 326 Yale L.J. 326 (2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 Cornell L. Rev. 327 (2014); After the AUMF, 5 Harvard Nat'l Sec. L. J. 115 (2014) (co-authored with Steve Vladeck); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 Penn. L. Rev. 1165 (2013). Prof. Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University Law School
Charles J. Dunlap Jr. joined the Duke Law faculty in July 2010 where he is currently a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. His teaching and scholarly writing focus on national security, law of armed conflict, the use of force under international law, civil-military relations, cyberwar, airpower, military justice, and ethical issues related to the practice of national security law.
Dunlap retired from the Air Force in June 2010, having attained the rank of major general during a 34-year career in the Judge Advocate General Corps. In his capacity as Deputy Judge Advocate General spanning from May 2006 to March 2010, he assisted the Judge Advocate General in the professional supervision of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to commanders and civilian leaders at all levels.
In the course of his career, Dunlap has been involved in various high-profile interagency and policy matters, including his testimony before the U.S. House of Representatives concerning the Military Commissions Act of 2006.
Dunlap previously served as the senior lawyer (staff judge advocate) at Air Combat Command Headquarters at Langley Air Force Base in Virginia, at Air Education and Training Command Headquarters at Randolph Air Force Base in Texas, and at U.S. Strategic Command, Omaha, Nebraska, among other leadership posts. Additionally, he served on the faculty of the Air Force Judge Advocate General School where he taught various civil and criminal law topics. An experienced trial lawyer, he also spent two years as a military trial judge for a 22-state circuit. He served tours in the United Kingdom and Korea, and deployed for operations in the Middle East and Africa. He also led military-to-military delegations to Colombia, Uruguay, South Africa, and the Czech Republic.
A prolific author and accomplished public speaker, Dunlap’s commentary on a wide variety of national security topics has been published in leading newspapers and military journals. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.
Dunlap is also the author of the prize-winning essay, “The Origins of the Military Coup of 2012”, originally published in 1992, which was selected for the 40th Anniversary Edition of Parameters (Winter 2010-2011).
Dunlap’s legal scholarship has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Harvard Law’s National Security Journal, the Wake Forest Law Review, the Fletcher Forum of World Affairs, the University of Nebraska Law Review, the Texas Tech Law Review, Temple Law’s Journal of International & Comparative Law, the University of North Carolina’s Journal of International Law, the Connecticut Law Review, the Tennessee Law Review, and the Vanderbilt Journal of Transnational Law, among others.
He’s also authored numerous articles and opinion pieces in a range of publications including The Atlantic, the New York Times, the Washington Post, the Washington Times, the Air Force Times, Strategic Studies Quarterly, the Georgetown Journal of International Affairs, Business Insider, the Journal of Genocide Research, The Hill, Small Wars Journal, and the blogs, Lawfare and Just Security.
Maj Gen Dunlap founded his blog Lawfire in 2015 and has since written over 300 posts on a wide variety of subjects.
Dunlap's wife, Joy, was a vice president of the National Association of Broadcasters, and later a deputy director of Government Relations for the Military Officers Association of America. She served as the elected president of Duke Campus Club, and is a recipient of the prestigious Order of the Emerald by Kappa Delta sorority. Her blog, Speaking Joyfully, won 3rd place in the blog category at the 2021 Blue Ridge Mountains Christian Writers Conference. They reside in Durham.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Assistant Professor of Law, American University Washington College of Law
Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Prof. Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center.
Prof. Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include The Un-Territoriality of Data, 326 Yale L.J. 326 (2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 Cornell L. Rev. 327 (2014); After the AUMF, 5 Harvard Nat'l Sec. L. J. 115 (2014) (co-authored with Steve Vladeck); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 Penn. L. Rev. 1165 (2013). Prof. Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University Law School
Charles J. Dunlap Jr. joined the Duke Law faculty in July 2010 where he is currently a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. His teaching and scholarly writing focus on national security, law of armed conflict, the use of force under international law, civil-military relations, cyberwar, airpower, military justice, and ethical issues related to the practice of national security law.
Dunlap retired from the Air Force in June 2010, having attained the rank of major general during a 34-year career in the Judge Advocate General Corps. In his capacity as Deputy Judge Advocate General spanning from May 2006 to March 2010, he assisted the Judge Advocate General in the professional supervision of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to commanders and civilian leaders at all levels.
In the course of his career, Dunlap has been involved in various high-profile interagency and policy matters, including his testimony before the U.S. House of Representatives concerning the Military Commissions Act of 2006.
Dunlap previously served as the senior lawyer (staff judge advocate) at Air Combat Command Headquarters at Langley Air Force Base in Virginia, at Air Education and Training Command Headquarters at Randolph Air Force Base in Texas, and at U.S. Strategic Command, Omaha, Nebraska, among other leadership posts. Additionally, he served on the faculty of the Air Force Judge Advocate General School where he taught various civil and criminal law topics. An experienced trial lawyer, he also spent two years as a military trial judge for a 22-state circuit. He served tours in the United Kingdom and Korea, and deployed for operations in the Middle East and Africa. He also led military-to-military delegations to Colombia, Uruguay, South Africa, and the Czech Republic.
A prolific author and accomplished public speaker, Dunlap’s commentary on a wide variety of national security topics has been published in leading newspapers and military journals. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.
Dunlap is also the author of the prize-winning essay, “The Origins of the Military Coup of 2012”, originally published in 1992, which was selected for the 40th Anniversary Edition of Parameters (Winter 2010-2011).
Dunlap’s legal scholarship has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Harvard Law’s National Security Journal, the Wake Forest Law Review, the Fletcher Forum of World Affairs, the University of Nebraska Law Review, the Texas Tech Law Review, Temple Law’s Journal of International & Comparative Law, the University of North Carolina’s Journal of International Law, the Connecticut Law Review, the Tennessee Law Review, and the Vanderbilt Journal of Transnational Law, among others.
He’s also authored numerous articles and opinion pieces in a range of publications including The Atlantic, the New York Times, the Washington Post, the Washington Times, the Air Force Times, Strategic Studies Quarterly, the Georgetown Journal of International Affairs, Business Insider, the Journal of Genocide Research, The Hill, Small Wars Journal, and the blogs, Lawfare and Just Security.
Maj Gen Dunlap founded his blog Lawfire in 2015 and has since written over 300 posts on a wide variety of subjects.
Dunlap's wife, Joy, was a vice president of the National Association of Broadcasters, and later a deputy director of Government Relations for the Military Officers Association of America. She served as the elected president of Duke Campus Club, and is a recipient of the prestigious Order of the Emerald by Kappa Delta sorority. Her blog, Speaking Joyfully, won 3rd place in the blog category at the 2021 Blue Ridge Mountains Christian Writers Conference. They reside in Durham.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Partner, Morrison & Foerster LLP
John P. Carlin, former Assistant Attorney General for the U.S. Department of Justice’s (DOJ) National Security Division (NSD), chairs Morrison & Foerster’s global risk and crisis management team and advises industry-leading organizations in sensitive cyber and other national security matters, white collar investigations, and government enforcement actions.
Mr. Carlin has served as a top-level official in both Republican and Democratic administrations, most recently as Assistant Attorney General for National Security, the DOJ’s highest-ranking national security lawyer. In this capacity, for which Mr. Carlin was nominated by the President and overwhelmingly confirmed by the Senate on a bipartisan basis, he oversaw nearly 400 employees responsible for protecting the nation against terrorism, espionage, and cyber and other national security threats.
Prior to assuming his role in the NSD, Mr. Carlin served as Chief of Staff and Senior Counsel to Robert S. Mueller, III, former director of the FBI, where he helped lead the FBI’s evolution to meet growing and changing national security threats, including cyber threats. Mr. Carlin also held positions as National Coordinator of the DOJ’s Computer Hacking and Intellectual Property Program and Assistant United States Attorney for the District of Columbia, where he prosecuted cyber, fraud, and public corruption matters, among others, trying more than 40 cases to verdict.
Mr. Carlin is an inaugural Fellow of Harvard Kennedy School’s Belfer Center for Science and International Affairs’ Homeland Security Project, focused on the unique challenges and choices around protecting the American homeland. He also chairs the Aspen Institute’s Cybersecurity and Technology policy program, which provides a cross-disciplinary forum for industry, government, and media to address the rapidly developing landscape of digital threats and craft appropriate policy solutions. Mr. Carlin was recently invited to address the governors of every U.S. state and territory on cybersecurity issues at the National Governors Association’s Winter 2017 meeting, and has been featured or cited as a leading authority on cyber and economic espionage matters by numerous major media outlets, including The New York Times, The Washington Post, The Wall Street Journal, The Los Angeles Times, USA Today, CBS’s 60 Minutes, NBC’s Meet the Press, PBS’s Charlie Rose and Newshour, ABC’s Nightline and Good Morning America, NPR, CNN, and Vanity Fair, among others.
Mr. Carlin, who joined DOJ through the Attorney General’s Honors Program, is a five-time recipient of the Department of Justice Award for Special Achievement, was awarded the National Intelligence Superior Public Service Medal by the Director of National Intelligence, and drew bipartisan praise, with U.S. Attorney General Loretta Lynch calling him “a trusted and tireless leader” and former U.S. Attorney General Michael Mukasey calling him “a superb civil servant.” He earned his Juris Doctorate from Harvard Law School, where he received the Samuel J. Heyman Fellowship for Federal Government Service and served as Articles editor for the Harvard Journal on Legislation, and earned his Bachelor of Arts degree, magna cum laude, from Williams College, where he was elected to Phi Beta Kappa.
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.
The Boeing Company, Corporate Secretary
John Demers serves as the corporate secretary for The Boeing Company, as well as vice president and assistant general counsel for Finance & Strategy and Environmental & Enterprise Operations. Demers’s responsibilities include oversight of legal matters related to corporate governance and securities filings, mergers and acquisitions, sustainability and environment, health and safety and cybersecurity. The group also supports Boeing’s information technology and information security organizations, as well as its real estate operations.
Demers returned to Boeing in 2021 after serving as assistant attorney general for National Security at the U.S. Department of Justice under both Presidents Trump and Biden. In that capacity, he led the department’s efforts to combat national security related cyber-crime, terrorism and espionage; enforce export control and sanctions laws; use the authorities of the Foreign Intelligence Surveillance Act and conduct national security review of foreign investments and telecommunications licensing applications.
Before that, Demers worked at Boeing in various senior positions, including roles with Boeing Defense, Space & Security and as general counsel and acting head of international government affairs for Boeing International.
Demers first joined Boeing from the U.S. Department of Justice, where he served on the first leadership team of the National Security Division, in the Office of Legal Counsel and in the Office of the Deputy Attorney General. Previously, Demers worked in private practice in Boston and was a law clerk at both the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.
Demers currently serves in an advisory capacity to several cybersecurity policy organizations. He earned a bachelor’s degree in political science from the College of the Holy Cross and a Juris Doctor from Harvard Law School. He has served as an adjunct professor of national security law at the Georgetown University Law Center.
Assistant Professor of Law, American University Washington College of Law
Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Prof. Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center.
Prof. Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include The Un-Territoriality of Data, 326 Yale L.J. 326 (2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 Cornell L. Rev. 327 (2014); After the AUMF, 5 Harvard Nat'l Sec. L. J. 115 (2014) (co-authored with Steve Vladeck); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 Penn. L. Rev. 1165 (2013). Prof. Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University Law School
Charles J. Dunlap Jr. joined the Duke Law faculty in July 2010 where he is currently a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. His teaching and scholarly writing focus on national security, law of armed conflict, the use of force under international law, civil-military relations, cyberwar, airpower, military justice, and ethical issues related to the practice of national security law.
Dunlap retired from the Air Force in June 2010, having attained the rank of major general during a 34-year career in the Judge Advocate General Corps. In his capacity as Deputy Judge Advocate General spanning from May 2006 to March 2010, he assisted the Judge Advocate General in the professional supervision of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to commanders and civilian leaders at all levels.
In the course of his career, Dunlap has been involved in various high-profile interagency and policy matters, including his testimony before the U.S. House of Representatives concerning the Military Commissions Act of 2006.
Dunlap previously served as the senior lawyer (staff judge advocate) at Air Combat Command Headquarters at Langley Air Force Base in Virginia, at Air Education and Training Command Headquarters at Randolph Air Force Base in Texas, and at U.S. Strategic Command, Omaha, Nebraska, among other leadership posts. Additionally, he served on the faculty of the Air Force Judge Advocate General School where he taught various civil and criminal law topics. An experienced trial lawyer, he also spent two years as a military trial judge for a 22-state circuit. He served tours in the United Kingdom and Korea, and deployed for operations in the Middle East and Africa. He also led military-to-military delegations to Colombia, Uruguay, South Africa, and the Czech Republic.
A prolific author and accomplished public speaker, Dunlap’s commentary on a wide variety of national security topics has been published in leading newspapers and military journals. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.
Dunlap is also the author of the prize-winning essay, “The Origins of the Military Coup of 2012”, originally published in 1992, which was selected for the 40th Anniversary Edition of Parameters (Winter 2010-2011).
Dunlap’s legal scholarship has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Harvard Law’s National Security Journal, the Wake Forest Law Review, the Fletcher Forum of World Affairs, the University of Nebraska Law Review, the Texas Tech Law Review, Temple Law’s Journal of International & Comparative Law, the University of North Carolina’s Journal of International Law, the Connecticut Law Review, the Tennessee Law Review, and the Vanderbilt Journal of Transnational Law, among others.
He’s also authored numerous articles and opinion pieces in a range of publications including The Atlantic, the New York Times, the Washington Post, the Washington Times, the Air Force Times, Strategic Studies Quarterly, the Georgetown Journal of International Affairs, Business Insider, the Journal of Genocide Research, The Hill, Small Wars Journal, and the blogs, Lawfare and Just Security.
Maj Gen Dunlap founded his blog Lawfire in 2015 and has since written over 300 posts on a wide variety of subjects.
Dunlap's wife, Joy, was a vice president of the National Association of Broadcasters, and later a deputy director of Government Relations for the Military Officers Association of America. She served as the elected president of Duke Campus Club, and is a recipient of the prestigious Order of the Emerald by Kappa Delta sorority. Her blog, Speaking Joyfully, won 3rd place in the blog category at the 2021 Blue Ridge Mountains Christian Writers Conference. They reside in Durham.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
IHC Update: Protecting Your Company from the Inside – Analyzing New Administration Policies, Opposing State AG Policies, and Internal Pressures
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IHC Update: Protecting Your Company from the Inside – Analyzing New Administration Policies, Opposing State AG Policies, and Internal Pressures
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