National security and law enforcement operations, both domestic and international, have drastically increased the number and complexity of government data requests that companies receive. Alston & Bird’s team has extensive experience helping clients navigate national security and law enforcement requests, domestic and international.
Our established team has the knowledge and capacity to conduct and respond to these types of requests and the variety of issues facing a client involved in both national security and law enforcement investigations. Experience and familiarity with relevant laws, as well as the procedures and needs of national security and law enforcement investigators, are critical to managing a response to what can be time-sensitive and high-pressure investigations.
Our team’s lead lawyers include a former Department of Justice senior litigator for the Computer Crime and Intellectual Property Section, a former assistant U.S. attorney and chief of the Cyber & Intellectual Property Crimes Section, and a former deputy chief in the U.S. Attorney’s Office Terrorism Section. Special counsel Peter Swire served as one of five members of the White House Review Group on Intelligence and Communications Technology, formed after the Edward Snowden revelations. Peter is intimately familiar with U.S. surveillance law and a leading voice on issues of international mutual legal assistance. Together, we have represented clients on issues of international and domestic law enforcement data requests, the Electronic Communications Privacy Act, Stored Communications Act, Computer Fraud and Abuse Act, Foreign Intelligence Surveillance Act (FISA), USA PATRIOT Act, and federal and state wiretap statutes.
Representative National Security and Digital Crimes Experience
Provided expert testimony on U.S. surveillance practices, safeguards, and remedies applied to non-U.S. persons’ electronic communications.
Advised multinational corporations on USA PATRIOT Act and Electronic Communications Privacy Act provisions and U.S. law enforcement’s ability to obtain foreign-stored data.
Worked with a global transportation company in developing FISA response protocols, procedures, and documentation.
Advised financial institution clients on whether information security response procedures and tactical defense measures were consistent with, or in violation of, the federal Computer Fraud and Abuse Act.
Worked with a global energy company suspected of being compromised by advanced persistent threat actors. The response included enhanced monitoring of critical systems; preventive forensics, including a breach indicator assessment, review of an existing investigation, and law enforcement information; and assisting management with briefings to executives.
Represented a retail industry trade association on issues related to cybersecurity information-sharing mechanisms and related congressional testimony.
Represented a financial services information-sharing advisory association on various issues related to information sharing and cybersecurity in the financial services sector.
Defended a leading telecommunications provider in litigation alleging violation of the Electronic Communications Privacy Act and related state-law claims based on alleged wiretapping of telephone lines and interception of emails.
Our national security & digital crimes attorneys are ranked in The Best Lawyers in America and are members of the International Association of Privacy Professionals. The practice is recognized in the 2017 edition of Chambers Global: World’s Leading Lawyers for Business and the 2016 edition of Chambers USA: America’s Leading Lawyers for Business as one of the leading privacy practices in the United States.