People

Jonathan G. Cedarbaum

Partner

Cedarbaum, Jonathan G.

Jonathan Cedarbaum co-chairs the firm's False Claims Act Group and is a leader of its Cybersecurity, Privacy and Communications Group. Mr. Cedarbaum also litigates Administrative Procedure Act, constitutional and international cases. He counsels clients on regulatory matters and represents them before administrative agencies and congressional committees—not only in the area of data security and privacy, but also on matters concerning financial services and healthcare.

Mr. 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. 

Background

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, procurement reform and energy development.

Earlier in his career, Mr. Cedarbaum did 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 by his peers for inclusion in the 2017 edition of the Best Lawyers in America in the area of appellate law
  • Named to the 2016 Washington DC Super Lawyers list for his civil litigation practice
  • Elected as a member of the American Law Institute in 2015
  • Selected as one of Lawdragon Magazine's "500 Leading Lawyers in America" in 2012-2015

Publications & News

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December 5, 2016

Presidential Cybersecurity Commission Issues Ambitious Policy Roadmap for Next Administration

On December 1, the nonpartisan Commission on Enhancing National Cybersecurity, established pursuant to an Executive Order in February, issued its report, outlining more than 50 recommendations for the next Administration.

November 21, 2016

WilmerHale Attorneys Explain the Evolving Cybersecurity Environment of the Energy Sector

The Cybersecurity Law Report recently conducted a Q&A with Jonathan Cedarbaum, Jason Chipman and Nathaniel Custer about cybersecurity developments affecting the energy sector.

November 4, 2016

Energy Sector Alert Series: Cybersecurity Developments in the Energy Sector

Russian, Iranian, and Chinese hackers have demonstrated their capability to use cyber exploits to control and disrupt power grids, generation facilities, and sophisticated natural resource extraction operations. Responding to these kinds of threats and others, Congress and federal agencies have dramatically strengthened cybersecurity requirements and authorities in the energy sector in recent year, and additional efforts are under way.

November 1, 2016

Department of Defense Issues Final Version of Key Cybersecurity Rule

On October 21, 2016, the Department of Defense (DoD) issued its final rule on Network Penetration Reporting and Contracting for Cloud Services, amending an interim version issued on August 26, 2015, and revised on December 30, 2015. While the final rule narrowed the scope of parts of the rule's coverage, the rule remains expansive in scope and prescriptive in application, including mandatory cybersecurity-related contract clauses to be included in DoD contracts and subcontracts.

October 20, 2016

Banking Regulators Release Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

The agencies are considering establishing two tiers of enhanced standards—basic enhanced standards for all covered firms and even more stringent enhanced standards for systems that are "sector-critical."

October 13, 2016

Energy Sector Alert Series: Supreme Court Cases to Watch

The Supreme Court began its new term on Monday, October 3, with only eight justices instead of the full complement of nine. Perhaps in part as a result of its desire to avoid controversial cases, the Court has accepted fewer matters involving environmental, energy and natural resources issues.

October 4, 2016

False Claims Act Lawsuits Increasingly Target Universities

A Law360 article by Jonathan Cedarbaum, Mark Rotenberg, Alexandra Bonneau and David Beraka discusses two areas in particular that have left universities facing FCA judgments and settlements in recent years: research funding and Medicare and Medicaid claims at university hospitals.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

August 11, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

Authors Jonathan G. Cedarbaum, Karen F. Green and David W. Ogden explain the US Supreme Court's recent unanimous decision to uphold the “implied certification” theory of liability under the False Claims Act and discuss the implications for future False Claims Act cases; published in the August 2016 edition of Pratt's Government Contracting Law Report, Vol. 2, No. 8.

June 16, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

In Universal Health Services v. United States ex rel. Escobar, the Supreme Court unanimously upheld the “implied certification” theory of liability under the False Claims Act (FCA), while emphasizing that only material misrepresentations are actionable.

Recent Highlights

Litigation

  • Securing dismissal of a series of False Claims Act cases against a major financial institution in federal and state courts
  • Arguing and winning an appeal in the Third Circuit concerning the constitutionality of Delaware's campaign finance disclosure law
  • 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

  • Representing a major software company in a Federal Trade Commission investigation
  • 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 major cloud computing companies 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

Healthcare

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

American Bar Association

  • Administrative Law Section 
  • 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

Government Experience

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