Alston & Bird announced a new practice to help clients navigate national security and law enforcement requests – both domestic and international – and comply with legal obligations under statutes such as the Electronic Communications Privacy Act, Foreign Intelligence Surveillance Act, and USA PATRIOT Act.
The new group – National Security & Digital Crimes Practice – is led by partners Kim Peretti in Washington, D.C., and Michael Zweiback in Los Angeles, who have extensive experience advising clients involved with government national security and law enforcement investigations on the legal and policy framework in which particular issues arise.
“Many of today’s cybersecurity incidents – particularly because of their global reach or the involvement of nation-state actors – raise novel and challenging issues for companies faced with law enforcement requests for digital evidence,” said Peretti, who also serves as co-chair of Alston & Bird’s Cybersecurity Preparedness & Response Team. “Our team regularly helps clients navigate these requests that often involve complex national security and international law enforcement issues.”
Peretti has more than 16 years’ experience as an information security professional and lawyer in a career that has included positions as director of PwC’s cyber forensic services group and senior litigator for the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. A frequent speaker and writer on cybersecurity, Peretti will be addressing an upcoming conference on “Surveillance, Privacy, and Data Across Borders,” sponsored by Georgia Tech’s Sam Nunn School of International Affairs, Institute for Information Security & Privacy, and Scheller College of Business, in addition to having a recent paper on “Working with Law Enforcement in the Aftermath of a Breach: Understanding Where Interests are Aligned and Where they Diverge,” publish on the LawFare Blog, which focuses on national security law and is published in partnership with the Brookings Institution.
“Our group leverages our extensive experience with the national security and law enforcement branches of the U.S. government and international governments,” said Zweiback, a former federal prosecutor who has almost 30 years of experience as an attorney in both the private and public sector. “Technology and non-tech companies are increasingly encountering critical enforcement issues that arise from cybersecurity.”
Zweiback has extensive experience in cybersecurity, white collar criminal defense and government enforcement actions. A former assistant U.S. Attorney in California, he was principal advisor to the U.S. Attorney General’s Advisory Committee on Cyber Crime and was chief of the Cyber & Intellectual Property Crimes Section, the largest cyber prosecution unit in the United States. He is a frequent speaker on cybersecurity and commentator in print, radio and television – including The Wall Street Journal, Fortune, The Atlantic, and Bloomberg TV – on issues ranging from the WikiLeaks’s release of purported CIA hacking tools, to a federal appeals court decision addressing the global application of U.S. search warrants for emails stored in other countries.
In addition to Peretti and Zweiback, the new group includes Alston & Bird senior counsel Peter Swire. One of the country’s foremost authorities on U.S. surveillance law and a leading voice on issues of international mutual legal assistance, Swire is the Huang Professor of Law and Ethics at the Georgia Tech Scheller College of Business and senior fellow of the Future of Privacy Forum and was one of five members of the White House Review Group on Intelligence and Communications Technology, formed after the Edward Snowden revelations.