People

Benjamin A. Powell

Partner

Powell, Benjamin A.

Benjamin Powell is a partner in the Regulatory and Government Affairs Department, and a member of the Defense, National Security and Government Contracts, and Strategic Response and Counseling Practice Groups. He is also a member of the firm’s Business Trial Group and Government and Regulatory Litigation Practice Group in the Litigation/Controversy Department. He joined the firm in 2009.

Practice

Mr. Powell’s practice focuses on government and regulatory litigation, public policy, commercial litigation, Committee on Foreign Investment in the United States (CFIUS) issues, and advising on issues related to information technology. Most recently, Mr. Powell was General Counsel of the Office of the Director of National Intelligence (ODNI). He previously served as Special Assistant to the President and Associate White House Counsel, Corporate Counsel at California-based Vitria Technology and as a litigator at a firm in Washington DC.

Mr. Powell was unanimously confirmed by the US Senate as General Counsel of the ODNI in 2006 and served as General Counsel to the first three Directors of National Intelligence. Mr. Powell’s work involved designing and implementing legal compliance and oversight mechanisms, litigation, international law, foreign investment, crisis management, congressional inquiries and investigations, privacy, legislation, cyber security and foreign affairs. He worked closely with Congress to modernize the laws governing electronic surveillance activities and private sector assistance to the government in national security matters. This effort resulted in passage of a landmark comprehensive bipartisan bill in 2008.

As an Associate Counsel and Special Assistant to the President, Mr. Powell’s responsibilities included numerous litigation and investigatory matters, and policy and legal work with the Department of Homeland Security, Department of State, Department of Justice and Department of Commerce.

Immediately prior to his service at the White House, Mr. Powell was Corporate Counsel for Vitria Technology, an enterprise integration software company, where he handled a wide range of issues, including intellectual property, securities reporting, revenue recognition and international licensing and professional services transactions across Europe.

As a litigator, Mr. Powell was part of the trial team that won the largest antitrust verdict in history of $1.05 billion. He also handled massive discovery and pre-trial proceedings as part of the case, which concerned unlawful monopolization activities across the country in the wholesale and retail consumer products market.

Mr. Powell served in the United States Air Force from 1989 to 1993 and worked for the Federal Bureau of Investigation in 1988 and 1989.

Mr. Powell is a frequent speaker at conferences and law schools on national security matters.

Honors & Awards

Mr. Powell was recognized by the 2011 and 2012 editions of The Legal 500 for his work in the technology: data protection and privacy field. He was cited as an "exceptional lawyer" who "provides clear guidance on complex technological issues."

Mr. Powell was selected by Washingtonian magazine as one of the top lawyers in Washington DC in the area of national security law, 2011.

Mr. Powell received the Edmund J. Randolph award, the highest award from the Department of Justice, from the Attorney General in 2009 in recognition of his outstanding service to the Department of Justice.

He also received the National Intelligence Distinguished Service Medal in 2009, the highest award presented by the Director of National Intelligence, for enduring and invaluable contributions to the safety and security of the Nation.

In May 2009, he received the National Security Agency’s Intelligence Under Law Award for his commitment to the conduct of intelligence activities under the rule of law. He is also the recipient of the Central Intelligence Agency Seal Medallion and the National Security Agency Bronze Medallion.

Publications & News

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February 13, 2013

President Obama Issues Cybersecurity Executive Order

January 30, 2013

Senator Rockefeller Touts Fortune 500 Support for Federal Cybersecurity Efforts

January 3, 2013

President Signs New Cybersecurity Provisions in Defense Authorization Act

November 7, 2012

Partner Ben Powell Joins Leading National Security Experts in The Washington Post’s Simulated Cyber Attack    

October 22, 2012

South Carolina Jennings Decision Deepens Divide Over Scope of Stored Communications Act

October 1, 2012

President Obama Issues Order Prohibiting Foreign Acquisition of US Company

On September 28, 2012, President Obama issued an order prohibiting a Chinese-owned company from acquiring four U.S. wind farm project companies. Although the U.S. government has not disclosed the national security issues raised by the transaction, the Treasury Department stated that the “wind farm sites are all within or in the vicinity of restricted air space at Naval Weapons Systems Training Facility Boardman in Oregon.” Parties considering foreign investment should not become unnecessarily alarmed about the Committee on Foreign Investment in the United States ("CFIUS") review process in terms of bias against foreign investment or investments from particular countries based on this rare action. CFIUS reviews remain highly fact-dependent and parties to a transaction should broadly consider possible issues related to national security even if their business is not directly involved in defense or other national security work.

July 23, 2012

Senate To Consider Compromise Cybersecurity Legislation

May 15, 2012

United States to Resume Bilateral Investment Treaty Negotiations on the Basis of a Revised Model Treaty

April 12, 2012

US V. Nosal — Implications For CFAA Cases

An article by Jonathan Cedarbaum, Randolph Moss, Benjamin Powell, Patrick Carome, Steven Lehotsky and Jason Chipman, appearing in the April 12, 2012 edition of Law360California, Technology, Intellectual Property, Employment, Appellate, White Collar and Privacy & Consumer Protection. To view the full article click here.

April 11, 2012

 En Banc Ninth Circuit's Nosal Decision Restricts Computer Fraud and Abuse Act's Reach

Practices

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Education

JD, Columbia Law School, 1996, Senior Editor, Columbia Law Review, Kent Scholar

BSE, Finance, magna cum laude, University of Pennsylvania, 1989

BAS, Applied Science, magna cum laude, University of Pennsylvania, 1989

Bar Admissions

District of Columbia

New York

California

Clerkships

The Hon. John Paul Stevens and The Hon. Byron R. White, US Supreme Court, 1997 - 1998

The Hon. John M. Walker, US Court of Appeals for the Second Circuit, 1996 - 1997