People

Jonathan G. Cedarbaum

Partner

Cedarbaum, Jonathan G.

Jonathan Cedarbaum rejoined the firm in 2011 after spending two years in the leadership of the Justice Department's Office of Legal Counsel, where he ultimately served as Acting Assistant Attorney General in charge of the Office, which provides authoritative legal advice to the White House, the Attorney General, and all executive branch departments and agencies. Mr. Cedarbaum has a diverse litigation practice, focusing especially on False Claims Act, Administrative Procedure Act, IP/antitrust and international cases. He also counsels clients on regulatory matters and represents them before administrative agencies and congressional committees—particularly in the areas of data security and privacy, health care and financial services.

Practice

During his time at OLC, Mr. Cedarbaum was deeply involved in the development and early implementation of the Dodd-Frank and Affordable Care Acts. As a member of the Justice Department’s senior leadership and as a legal counselor to senior officials across the government, he was also involved in numerous other statutory and regulatory initiatives, including in the areas of cybersecurity and data privacy, economic sanctions, patent reform, procurement reform and energy development.

Earlier in his career, Mr. Cedarbaum had done two additional stints at the Justice Department: two-and-a-half years as an Attorney-Advisor in the Office of Legal Counsel (1999-2002) and a year as a Bristow Fellow in the Office of the Solicitor General (1997-1998). Mr. Cedarbaum has also served as Deputy Chief of Staff to the President of the International Criminal Tribunal for the Former Yugoslavia (2002-2003) and as a legislative assistant for a Member of Congress (1985-1986).

Honors & Awards

  • Selected as one of Lawdragon Magazine's "500 Leading Lawyers in America" in 2012

Publications & News

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March 11, 2014

U.S. Supreme Court Holds that Arbitrators, Not Courts, are Entitled to Interpret Local Litigation Requirements in Bilateral Investment Treaties

March 10, 2014

Ideas for Reforming the False Claims Act

An article by David Ogden and Jonathan Cedarbaum, published in the March 10, 2014 edition of Corporate Counsel.

February 24, 2014

Fourth Circuit Holds cGMP Violations Do Not Create False Claims Under Medicare and Medicaid

In the first appellate decision of its kind, the U.S. Court of Appeals for the Fourth Circuit held on February 21, that because compliance with the Food and Drug Administration’s Current Good Manufacturing Practices (cGMP)  regulations is not a precondition for reimbursement under Medicare and Medicaid, violations of the cGMP regulations by themselves cannot form the basis for False Claims Act claims under those programs.

February 20, 2014

New Guidance on Financial Services and Marijuana-Related Businesses

The Obama Administration took steps last week to potentially pave the way for marijuana growers and related businesses to obtain core financial services.

February 13, 2014

NIST and DHS Release Final Cybersecurity Framework, Roadmap, and Voluntary Program for Cybersecurity Assistance

Yesterday, the National Institute of Standards and Technology (NIST) released the final version of the voluntary federal cybersecurity standards known as the Cybersecurity Framework, along with a “Roadmap” explaining how the government will work with the private sector, other countries, and international organizations to refine and improve the Framework over the next several years.

January 27, 2014

Defense Department and GSA Issue Recommendations for Improving Cybersecurity in Government Contracting

On January 23, the Department of Defense and the General Services Administration published their joint recommendations to the President “on the feasibility, security benefits, and relative merits of incorporating security standards into acquisition planning and contract administration . . . [including] what steps can be taken to harmonize and make consistent existing procurement requirements related to cybersecurity.”

January 7, 2014

False Claims Act: 2013 Year-in-Review

The False Claims Act (FCA) saw another year of increased activity in 2013, with new qui tam suits hitting an all-time high of 753, a rise of more than 100 over 2012. In fiscal year 2013, the federal government brought in $3.8 billion—the fourth year in a row of more than $3 billion in recoveries. As in the past, the healthcare and pharmaceuticals sector accounted for the biggest share, with $2.6 billion recovered. Procurement saw a jump, more than doubling to $890 million. Financial institutions remained a substantial target, and both the government and private plaintiffs were increasingly bringing claims against recipients of grant and loan funds as well as contractors. Activity at the state level increased as well, with many states expanding the reach of their own false claims statutes, and both state attorneys general and private plaintiffs making aggressive use of new theories of liability.

December 13, 2013

Support Continues to Build for New Export Controls on Cyber Monitoring Technologies

Amid growing worldwide concern about the security of commercial and government computer networks, the leading multilateral export control organization has moved toward new export controls for advanced computer network hardware, software and technologies that can be used to exploit cybersecurity vulnerabilities.

November 26, 2013

What You Should Know About DOD's Cybersecurity Rule

An article co-authored by Benjamin Powell, Jonathan Cedarbaum, Barry Hurewitz, Randolph Moss and Jason Chipman, published in Law360.

November 21, 2013

Defense Department Publishes Final Rule Implementing Enhanced Information Protection and Cyber Incident Reporting Requirements

Recent Highlights

Litigation

  • Representing a major financial institution in a series of False Claims Act cases in federal and state courts
  • Filing two amicus briefs in Kiobel v. Royal Dutch Petroleum et al., the Supreme Court case concerning applicability of the Alien Tort Statute to corporations and to conduct outside the United States, on behalf of the National Foreign Trade Council, the National Association of Manufacturers, the American Petroleum Institute, and a dozen other major US and European business associations
  • Playing a leading role in a False Claims Act case concerning bid-rigging on USAID construction contracts, which involved a seven-week jury trial that resulted in a complete victory for the firm’s client
  • Briefing and arguing an appeal in the Federal Circuit raising the question whether Congress can constitutionally strip the federal courts of jurisdiction over pending takings claims
  • Defending Philips Electronics, the Dutch technology company, in a series of patent and antitrust challenges to the pool licensing of patents for basic CD, DVD and MP3 technologies in the International Trade Commission, the District Courts, and the Courts of Appeals
  • Filing an amicus brief for the International Franchise Association in FTC v. Wyndham Worldwide Corp. et al. (D. Ariz.), the leading case testing the FTC’s authority under Section 5 of the FTC Act to regulate data-security practices

Regulatory Counseling, Investigations and Administrative Proceedings
 
Data Security/Privacy

  • Counseling a major financial institution on legal issues raised by monitoring network traffic and taking countermeasures to cyber attacks
  • Advising a major high-tech company on application of Section 215 of the USA PATRIOT Act to data centers abroad
  • Counseling a major cloud computing company on government contracting issues, including FedRAMP and FISMA
  • Assisting financial, industrial, and high-tech companies in responding to congressional inquiries about data security practices
  • Advising major high-tech companies on the development of federal cybersecurity legislation and the recent critical infrastructure cybersecurity executive order
  • Assisting a university-business consortium in identifying and applying for federal funding for cybersecurity R&D

Health Care

  • Advising a university medical center about its EMTALA obligations
  • Analyzing for a major pharmaceutical company the likely effect of federal budget sequestration on Medicare reimbursement policies
  • Filing a comment with CMS on behalf of a major medical center opposing an application for a waiver from the rules governing allocation of organs for transplants
  • Advising a major pharmaceutical company about a possible constitutional challenge to retrospective application of the Biologics Price Competition and Innovation Act
  • Counseling a hospital system on the prospects for and likely effects of Medicaid expansion in its state

Financial Services

  • Advising a financial trade association about a possible legal challenge to a Dodd-Frank rulemaking
  • Assessing a possible preemption challenge to a state law regulating mortgage servicing for a major national bank
  • Advising a variety of financial clients on the limits of the CFPB’s authorities and the constitutional challenges to the CFPB Director’s appointment
  • Advising a group of hedge funds concerning the restructuring of Fannie Mae and Freddie Mac

Professional Activities

District of Columbia Bar Association

  • Administrative Law Section: Co-Chair, 2011-2012; Steering Committee Member, 2007-present.
  • Litigation Section: Steering Committee Member, 2010-present.
  • International Law Section: Chair, 2007-2008; Steering Committee Member, 2005-2011; Vice Chair, Intellectual Property Committee, 2011-present.
  • Board on Professional Responsibility: Alternate Hearing Committee Member, 2007-present.

American Bar Association

  • Administrative Law Section: Chair, Committee on Regulatory Policy
  • International Law Section

Practices

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Education

JD, Yale Law School, 1996, Editor in Chief, Yale Law Journal

MPhil, Yale University, 1990

AB, magna cum laude, Harvard University, 1983, Phi Beta Kappa

Bar Admissions

District of Columbia

Maryland

Languages

French

Clerkships

The Hon. David S. Tatel, US Court of Appeals for the District of Columbia Circuit, 1996 - 1997

The Hon. David H. Souter, US Supreme Court, 1998 - 1999