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.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Vice President of Public Affairs, Targeted Victory
Nathan Leamer is Vice President of Public Affairs at Targeted Victory.
Previously, he served the past several years as Policy Advisor to FCC Chairman Ajit Pai. Before working at the Commission, he was a Senior Fellow at the R Street Institute where he managed the institute’s government relations and wrote extensively on emerging technology, intellectual property and privacy. Prior to these roles, he worked as a legislative aide on Capitol Hill.
Senior Counsel and Director of the Freedom, Security and Technology Project, Center for Democracy and Technology
Gregory T. Nojeim is a Senior Counsel and Director of the Freedom, Security and Technology Project at the Center for Democracy and Technology, a Washington, D.C. non-profit public policy organization dedicated to keeping the Internet open, innovative and free. He specializes in protecting privacy in the digital age as against intrusion by the U.S. government, and is a recognized expert on the PATRIOT Act, the Foreign Intelligence Surveillance Act, the Electronic Communications Privacy Act, and the application of the Fourth Amendment to the U.S. Constitution to electronic surveillance in the national security, intelligence and criminal arenas.
Nojeim directed CDTs initiatives regarding the 2013 disclosures about NSA surveillance and was engaged in CDT’s successful efforts to promote the USA FREEDOM Act of 2015, the bill that outlawed bulk collection of telephone call records under the PATRIOT Act. He also spearheaded CDT’s initiative to promote judicial supervision of surveillance conducted under 2008 amendments to the Foreign Intelligence Surveillance Act.
Nojeim sits on the Board of Directors of the Global Network Initiative, a multi-stakeholder group of companies, human rights organizations, academics and investors who collaborate to advance freedom of expression and privacy in the ICT sector. Prior to joining CDT in May 2007, he was the Associate Director and Chief Legislative Counsel of the ACLU’s Washington Legislative Office. Nojeim graduated from the University of Rochester in 1981 with a B.A. in Political Science. He received his J.D. from the University of Virginia.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Managing Director, SCF Partners
Daniel G. West invests in energy services, equipment, and technology companies at SCF Partners in Houston, Texas. He provides equity capital and strategic growth assistance to entrepreneurs and leaders of both start-up ventures and established, growing businesses.
Prior to joining the private sector, Mr. West served as an infantry officer in the United States Marine Corps. As a platoon commander with the 22nd Marine Expeditionary Unit aboard the USS Mesa Verde, he led the Tactical Recovery of Aircraft and Personnel force in support of the NATO aerial campaign over Libya. He then served as executive officer of India Company, 3rd Battalion, 9th Marines as it mentored Afghan forces to assume lead security responsibility and executed counter-narcotics missions in Marjah, Helmand Province, Afghanistan. He also served as a clerk for Judge Laurence H. Silberman on the U.S. Court of Appeals for the D.C. Circuit.
Mr. West holds degrees in law, business administration, and economics from Harvard University, where he served as an editor of the Harvard Law Review and taught undergraduate courses in economics and government. He is a member of the Executive Committee of the International & National Security Law Practice Group of the Federalist Society and a term member of the Council on Foreign Relations.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 18 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Vice President of Public Affairs, Targeted Victory
Nathan Leamer is Vice President of Public Affairs at Targeted Victory.
Previously, he served the past several years as Policy Advisor to FCC Chairman Ajit Pai. Before working at the Commission, he was a Senior Fellow at the R Street Institute where he managed the institute’s government relations and wrote extensively on emerging technology, intellectual property and privacy. Prior to these roles, he worked as a legislative aide on Capitol Hill.
Senior Counsel and Director of the Freedom, Security and Technology Project, Center for Democracy and Technology
Gregory T. Nojeim is a Senior Counsel and Director of the Freedom, Security and Technology Project at the Center for Democracy and Technology, a Washington, D.C. non-profit public policy organization dedicated to keeping the Internet open, innovative and free. He specializes in protecting privacy in the digital age as against intrusion by the U.S. government, and is a recognized expert on the PATRIOT Act, the Foreign Intelligence Surveillance Act, the Electronic Communications Privacy Act, and the application of the Fourth Amendment to the U.S. Constitution to electronic surveillance in the national security, intelligence and criminal arenas.
Nojeim directed CDTs initiatives regarding the 2013 disclosures about NSA surveillance and was engaged in CDT’s successful efforts to promote the USA FREEDOM Act of 2015, the bill that outlawed bulk collection of telephone call records under the PATRIOT Act. He also spearheaded CDT’s initiative to promote judicial supervision of surveillance conducted under 2008 amendments to the Foreign Intelligence Surveillance Act.
Nojeim sits on the Board of Directors of the Global Network Initiative, a multi-stakeholder group of companies, human rights organizations, academics and investors who collaborate to advance freedom of expression and privacy in the ICT sector. Prior to joining CDT in May 2007, he was the Associate Director and Chief Legislative Counsel of the ACLU’s Washington Legislative Office. Nojeim graduated from the University of Rochester in 1981 with a B.A. in Political Science. He received his J.D. from the University of Virginia.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Managing Director, SCF Partners
Daniel G. West invests in energy services, equipment, and technology companies at SCF Partners in Houston, Texas. He provides equity capital and strategic growth assistance to entrepreneurs and leaders of both start-up ventures and established, growing businesses.
Prior to joining the private sector, Mr. West served as an infantry officer in the United States Marine Corps. As a platoon commander with the 22nd Marine Expeditionary Unit aboard the USS Mesa Verde, he led the Tactical Recovery of Aircraft and Personnel force in support of the NATO aerial campaign over Libya. He then served as executive officer of India Company, 3rd Battalion, 9th Marines as it mentored Afghan forces to assume lead security responsibility and executed counter-narcotics missions in Marjah, Helmand Province, Afghanistan. He also served as a clerk for Judge Laurence H. Silberman on the U.S. Court of Appeals for the D.C. Circuit.
Mr. West holds degrees in law, business administration, and economics from Harvard University, where he served as an editor of the Harvard Law Review and taught undergraduate courses in economics and government. He is a member of the Executive Committee of the International & National Security Law Practice Group of the Federalist Society and a term member of the Council on Foreign Relations.
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