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Morrison Foerster Named 2024 National Law Journal Legal Award Finalist for Crisis Management and Government Oversight

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Morrison Foerster has been selected as a finalist for the National Law Journal’s Legal Award for Crisis Management and Government...

About Morrison Foerster

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Morrison Foerster has been selected as a finalist for the National Law Journal’s Legal Award for Crisis Management and Government Oversight. The firm is being recognized for its work guiding clients through some of the most consequential crises over the past year, ranging from the war in Ukraine, the Israel-Hamas war, significant cyber incidents and data breaches, and high-profile congressional inquiries.MoFo’s collaborative structure facilitates the formation of client teams across disciplines, leveraging a deep bench of Senate-confirmed and other former senior officials across a wide spectrum of U.S. government and state agencies as well as former federal and state prosecutors, regulators, and congressional staffers. We excel in leading response teams and working with crisis communications firms, outside experts, and in-house teams. With experience from all perspectives, we are adept at anticipating challenges, understanding the key players, crafting responses, and maintaining consistent communication.Winners will be announced at an awards ceremony in Washington, D.C. on October 24, 2024.View the <a href="https://www.law.com/nationallawjournal/2024/08/22/finalists-announced-for-the-national-law-journal-legal-awards-2024/" target="_blank">complete shortlist of The National Law Journal Legal Awards</a>.

Morrison Foerster Named 2024 National Law Journal Legal Award Finalist for Crisis Management and Government Oversight

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Brandon L. Van Grack co-chairs Morrison Foerster’s National Security and Crisis Management groups. His practice focuses on investigations, criminal defense, and compliance matters involving export controls and sanctions, foreign investment, and cyber incidents. Brandon’s arrival to the firm follows more than a decade of service at the U.S. Department of Justice (DOJ), where he held senior positions in the first Trump Administration. In those positions, he helped manage the U.S. government’s tools to address perceived national security threats in China and Russia, oversaw every criminal investigation involving sanctions and export controls, and was Chief of DOJ’s Foreign Agents Registration Act (FARA) Unit.Brandon’s leadership and breadth of national security experience offers clients in the financial services, technology, artificial intelligence, defense, media, and communications sectors unmatched insider enforcement perspective across the entire national security landscape, including sanctions, the Committee on Foreign Investment in the United States (CFIUS), export control, cybersecurity matters, and FARA.<h4>Investigations & White Collar Defense </h4>At the DOJ, Brandon led and supervised some of the government’s most significant corporate investigations and resolutions across the national security spectrum. As Counsel to the Assistant Attorney General for National Security, and a Trial Attorney in the Counterintelligence & Export Control Section, he worked on the resolution of almost every significant corporate matter pertaining to export control and sanctions violations in the last decade and is one of the few attorneys to have managed the DOJ’s Voluntary Self‑Disclosure Program for export control and sanctions violations. As Chief of the FARA Unit, he directed scores of investigations of companies for acting as unregistered foreign agents. He also served as Senior Assistant Special Counsel for Special Counsel Robert S. Mueller III’s investigation of the Russian government’s efforts to interfere in the 2016 presidential election, handling some of the office’s most significant matters.Brandon also managed significant corporate investigations and resolutions across the national security spectrum. As Counsel to the Assistant Attorney General for National Security, and a Trial Attorney in the Counterintelligence & Export Control Section, he worked on the resolution of almost every significant corporate matter pertaining to export control and sanctions violations in the last decade and is one of the few attorneys to have managed the DOJ’s Voluntary Self‑Disclosure Program for export control and sanctions violations. As Chief of the FARA Unit, he directed scores of investigations of companies for acting as unregistered foreign agents.<h4>Sanctions, Export Control, & Foreign Investment</h4>As Counsel to the Assistant Attorney General, Brandon oversaw every criminal investigation involving export control and sanctions and led the DOJ’s response to the Obama Administration’s rollback of sanctions targeting Iran—the Joint Comprehensive Plan of Action (JCPOA). As a Trial Attorney, he prosecuted more than 30 export control and sanctions cases, including first-ever cases involving North Korea, weapons of mass destruction, and the Atomic Energy Act. In the first Trump Administration, Brandon led DOJ’s review of transactions involving foreign influence before CFIUS and Team Telecom; he also managed the DOJ’s review of transactions before CFIUS during the Obama Administration.<h4>FARA & the Lobbying Disclosure Act</h4>As Chief of the FARA Unit in the first Trump Administration, and the first official to supervise all foreign influence matters across the DOJ, Brandon revitalized and transformed the enforcement of FARA. Following the DOJ’s announcement making FARA an enforcement priority, he supervised a team of 40 attorneys and staff that opened a record number of investigations, pursued a record number of enforcement actions, secured a record number of registrations, and obtained the first civil injunction involving FARA in nearly three decades. Brandon also directed the review of Lobbying Disclosure Act (LDA) filings for criminal violations and regulated the exemption under FARA for LDA registrants. He also wrote the book on FARA enforcement for the American Bar Association.<h4>Cybersecurity </h4>As a long-time prosecutor, including as a Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the Eastern District of Virginia, Brandon directed complex cyber investigations, including multiple matters involving state-sponsored cyber attacks. He prosecuted the first person convicted as a cyberterrorist and led the investigation of an international hacking group for identity theft, extortion, and dozens of spearphishing attacks against public and private entities. He also collaborated with other government agencies, such as the Securities and Exchange Commission, Federal Bureau of Investigation, and the Department of Homeland Security, to facilitate cooperation from corporate victims and disseminate threat information.During his time at the DOJ, Brandon handled the entire range of national security matters. He led and supervised investigations and prosecutions involving espionage, economic espionage, mishandling of classified information, and theft of trade secrets. He also directed investigations involving treason, mutiny, the Neutrality Act, and the Logan Act.Brandon has been widely recognized for his deep experience in handling national security matters, and keynotes and speaks at industry conferences involving export control and sanctions, CFIUS, FARA, and political law. He has received numerous awards for his work, including the Attorney General’s Award for Distinguished Service (2018), the FBI Director’s Award for Outstanding Cyber Investigation (2017), the Director of National Counterintelligence’s Award for Excellence (2019), the Homeland Security Investigations Executive Associate Director’s Award for Outstanding Counterproliferation Investigation (2014), and five awards from the Assistant Attorney General for National Security.Brandon regularly provides insight on national security issues and DOJ matters with national media. He is a frequent contributor on cable news, including MSNBC’s The Rachel Maddow Show, Deadline: Whitehouse and All In with Chris Hayes, ABC's Good Morning America, NBC's Meet the Press, CNN, BBC News, Sky News and NHK World. He also regularly appears on NPR’s Morning Edition. He has been quoted on a variety of national security topics in the Wall Street Journal, New York Times, and Washington Post, among others,Brandon is also a Contributing Editor to the Lawfare blog and co-host of <a href="https://www.lawfaremedia.org/podcasts-multimedia/podcast/the-regulators-series" target="_blank">The Regulators</a> podcast, where he speaks with key U.S. government regulators in the national security space, including leaders at OFAC, CFIUS, the Bureau of Industry and Security, DOJ, FinCEN, the Office of Information and Communications Technology and Services (ICTS), and FBI.

Brandon L. Van Grack

Partner

Joseph Folio is a trial lawyer and partner in Morrison Foerster’s Global Antitrust Law, Crisis Management, and Privacy + Data Security Groups, with more than a dozen years of experience leading complex government investigations and high-profile litigation.Joe has extensive experience in cartel investigations, congressional investigations, and complex civil litigation. Having served in all three branches of the federal government, and with his experience in both criminal and civil litigation, Joe is able to leverage his insider knowledge across a variety of enforcement perspectives to guide clients through difficult cases. He is also a member of our global ESG + Sustainability steering committee.As a prosecutor in the Antitrust Division of the U.S. Department of Justice (DOJ), he investigated companies and individuals involved in domestic and international antitrust cartels. Among them, he oversaw all aspects of the investigation into generic pharmaceuticals as the case’s chief of staff, including the handling of the parallel multidistrict litigation case brought by several state attorneys general and private plaintiffs. He also prosecuted and investigated cases in the international freight forwarding industry and cases involving bid rigging in state infrastructure projects.Prior to joining Morrison Foerster, Joe served as Chief Counsel for the Committee on Homeland Security & Governmental Affairs, the chief oversight committee of the U.S. Senate. In this position, he oversaw a variety of investigations, including the coordination of investigations with other Senate and House committees with overlapping jurisdictions. He also advised the committee on all policy issues falling within its broad jurisdiction, including cybersecurity, border security, domestic terrorism, election security, supply chain security (including 5G policy), and reforming the National Emergencies Act. Joe advised committee members on oversight of the Cybersecurity and Infrastructure Security Agency (CISA) within the Department of Homeland Security, legislation providing CISA with administrative subpoena authority, the creation of the National Cyber Director, and oversight of government and private efforts to protect against and respond to cyber breaches and ransomware attacks.While at the Federal Programs Branch of the DOJ’s Civil Division, Joe handled complex, high-profile litigation, focusing largely on national security matters, and his clients included the FBI; the Departments of Defense, Homeland Security, and State; and several members of the U.S. Intelligence Community. He also represented the Export-Import Bank against multiple administrative and constitutional challenges. Due to the cutting-edge nature of this litigation, he has experience navigating the inter-agency process when cases raise novel legal or policy issues that must be resolved at the highest levels.Joe received his B.A., magna cum laude, in philosophy and government from Georgetown University; M.A. with honors in national security studies from Georgetown University; and J.D., cum laude, from the George Mason University School of Law. After graduating from law school, Joe clerked for the Honorable Richard L. Voorhees in the U.S. District Court for the Western District of North Carolina.<h4>Representative Matters</h4>Antitrust<ul><li>Representing a major U.S. healthcare company in a criminal antitrust investigation of alleged “no-poach” conduct.</li><li>Representing a senior executive of an international company in a U.S. criminal cartel investigation.</li><li>Representing Nexstar Media Group in a putative class action alleging that certain media companies conspired to fix the prices of local television advertising.</li></ul>Congressional Investigations<ul><li>Representing Andy Karsner, a member of ExxonMobil’s board of directors, in response to a high-profile House Oversight and Reform Committee investigation regarding the role of the fossil fuel industry in addressing climate change, including preparing him to testify before the committee.</li><li>Representing a former government official who testified before the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol.</li><li>Representing a Fortune 100 company responding to inquiries from committees and members regarding its policies and practices.</li></ul>

Joseph Folio III

Bob Litt, a former official at the Department of Justice and in the Intelligence Community, is Of Counsel based in Morrison Foerster’s Washington D.C. Office. Bob is a co-chair of the firm’s Crisis Management practice and a member of the firm’s Privacy + Data Security and National Security practices. He advises industry-leading organizations on sensitive national security and privacy matters, white-collar investigations, and government enforcement actions.Bob has extensive experience advising clients on national security matters, including those relating to cybersecurity, surveillance, and privacy. In addition, he also has significant experience in civil and criminal litigation as well as investigations. He has taught at Columbia Law School's National Security Law Program and Yale Law School.Prior to joining Morrison Foerster, Bob was General Counsel for the Office of the Director of National Intelligence (ODNI), giving him a strong understanding of the intelligence community and its equities. Bob was unanimously confirmed by the Senate for this role, in which he oversaw a team of attorneys providing legal advice to the agency and led interagency national security meetings.As spokesman for the intelligence community both domestically and overseas on issues relating to surveillance and privacy, Bob was a key member of the U.S. team that negotiated the EU-U.S. Privacy Shield with the European Commission. This experience uniquely positions him to advise U.S. companies on the intricacies of European privacy rules and foreign companies on U.S. privacy rules.Prior to joining ODNI, Bob worked at the Department of Justice, serving as Deputy Assistant Attorney General in the Criminal Division and as the Principal Associate Deputy Attorney General. He also served as special advisor to the Assistant Secretary of State for European and Canadian Affairs. Bob was also an Assistant U.S. Attorney for the Southern District of New York.Due to his extensive government experience, Bob has become a regular commentator on national security issues for many renowned news organizations. Bob is a regular contributor on cable news, with appearances on <a href="https://www.mofo.com/resources/video-audio/220831-justice-department-reveals-33-boxes">CNN’s Erin Burnett OutFront</a>, <a href="https://www.mofo.com/resources/video-audio/200220-political-loyalty-expertise-odni">MSNBC</a><a href="https://www.mofo.com/resources/video-audio/200220-political-loyalty-expertise-odni">’s</a><a href="https://www.mofo.com/resources/video-audio/200220-political-loyalty-expertise-odni">The Rachel Maddow Show</a>, and <a href="https://www.mofo.com/resources/video-audio/180315-mueller-subpoenas-trump">CBS Evening News</a>. He has been featured in numerous publications such as <a href="https://www.mofo.com/resources/news/200804-protester-surveillance-may-test-constitutional-privacy">Bloomberg Law</a>, <a href="https://www.mofo.com/resources/news/200810-enhanced-privacy-shield">IAPP</a>, <a href="https://www.mofo.com/resources/news/190308-manafort-sentence-judges-special-counsel">Law 360</a>, <a href="https://www.mofo.com/resources/news/200223-national-security-wiretap-system">New York Times</a>, <a href="https://www.mofo.com/resources/news/191106-trump-legally-whistleblower">NPR</a>, and <a href="https://www.mofo.com/resources/news/200226-trumps-intelligence-war">The Atlantic</a>.In addition to his prolific government service, Bob has also had an extensive career in private practice as a partner at two global law firms, including leading a white-collar practice. He began his legal career as a law clerk for Judge Edward Weinfeld in the Southern District of New York and for Justice Potter Stewart of the U.S. Supreme Court. He holds a B.A. from Harvard College and an M.A. and J.D. from Yale University.

Robert Litt

Of Counsel

Crisis Management

Congressional Investigations