David A. Newman

Partner | Washington D.C. • New York

dnewman@mofo.com | (202) 887-1577(212) 336-4347

dnewman@mofo.com
(202) 887-1577
(212) 336-4347

David A. Newman draws upon his experience as a senior White House and U.S. Department of Justice (DOJ) attorney and his extensive background in government regulation and national security to guide clients through sensitive matters pertaining to national security and global risk and crisis management. He has significant experience advising clients on crisis management, cybersecurity, counseling clients on Committee on Foreign Investments in the United States (CFIUS) reviews, navigating clients through Foreign Agents Registration Act (FARA) investigations, representing clients in connection with congressional inquiries and hearings, and conducting internal and government-facing cross-border investigations.

David is the co-chair of Morrison & Foerster’s Global Risk and Crisis Management practice group. He also chairs MoFo’s Coronavirus Task Force, an inter-disciplinary team of lawyers around the world advising clients on their response to the current global pandemic.

David has become a go-to resource for clients facing legal scrutiny by government agencies around the world. Drawing on his background working on complex and sensitive matters for the U.S. government, he understands how regulators and prosecutors think, enabling him to provide highly strategic counsel to clients across a broad range of industries. He frequently serves as a liaison between clients and government agencies, including DOJ, the FBI, and other U.S. national security and intelligence agencies.

David also routinely advises clients on cybersecurity and data privacy matters including sensitive issues involving breach preparedness and response, ransomware attacks, vulnerability disclosure policies, and economic espionage. Recently named as one of the top “40 under 40” figures in the data law bar around the world by Global Data Review, David is regularly called upon by CNBCThe Wall Street Journal, and Wired Magazine, among others, to provide thought leadership and insights on trending cybersecurity issues. A former law clerk on the U.S. Supreme Court, he is routinely asked to advise clients on both the near-term and long-term implications of unsettled issues at the intersection of law and emerging technology.

David’s practice extends to advising on congressional oversight matters, including responding to congressional inquiries on behalf of large, multinational companies and preparing individuals for interviews and testimony in connection with congressional hearings and investigations. While in private practice, David has advised leading company executives and other prominent individuals on high-profile cases concerning investigations of the Senate and House Judiciary Committee, among other congressional committees. In his positions in government, David regularly coordinated and advised on White House briefings and responses to congressional inquiries involving sensitive national security programs and other Administration priorities.

Prior to joining Morrison & Foerster, David held several key posts at the White House, including serving as Special Assistant and Associate Counsel to President Obama and in multiple positions on the staff of the National Security Council. Throughout his tenure at the White House, David played a central role in coordinating the Administration’s response to domestic and international crises including serving as Chief of Staff in the Office of the Ebola Response Coordinator, in which role he helped coordinate the U.S. government’s response to the largest Ebola outbreak in recorded history. David also regularly advised the President and other senior administration officials on a range of complex matters affecting the federal government and oversaw a broad portfolio that spanned national security priorities, crisis response and preparedness planning, new data and technology initiatives, criminal justice reform, and civil rights litigation.

In addition to serving as a commissioned officer at the White House, David previously served as a career attorney at DOJ. In his role as counsel to the Assistant Attorney General for National Security, David helped manage the DOJ National Security Division and counseled senior officials across the U.S. government on a wide array of matters – from high-profile terrorism investigations and litigation involving government surveillance programs to reviews of data privacy policies and matters before CFIUS.  He also worked closely with the U.S. Intelligence Community and the Department of Defense to support counterterrorism operations.

Prior to his Executive Branch service, David clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York, and served as a litigator in private practice at a national law firm.

David received his J.D. from Yale Law School where he served on the editorial board of the Yale Journal on Regulation. He received his B.A. summa cum laude from Columbia University.

 

Representative Experience

  • Advising a major U.S. telecommunications company seeking to obtain regulatory approvals at the federal and state level in connection with a proposed merger.
  • Representing a leading U.S. company in a high-profile, multi-jurisdictional, government-facing bribery investigation in Africa.
  • Conducting cybersecurity tabletop exercises at the operator, executive, and board levels for Fortune 500 organizations in the healthcare, retail, and pharmaceutical sectors.
  • Counseling a major U.S. media company on revisions to its vulnerability disclosure policy.
  • Coordinating the work of an independent corporate compliance monitor for a large South American company in the wake of a multi-jurisdictional resolution with DOJ.
  • Advising a major U.S. technology company facing exposure of sensitive customer information by a third-party vendor on its response to a vulnerability disclosure report.
  • Filing a brief on behalf of a bipartisan group of former national security officials highlighting the potential national security cybersecurity risks posed by a since-disbanded U.S. commission’s efforts to aggregate voter information of U.S. citizens in a single repository.
  • Advising a foreign investor on CFIUS strategy and other regulatory issues arising out of a multi-billion dollar investment in a major U.S. company.
  • Conducting pre-investment and pre-acquisition CFIUS due diligence in several multi-billion dollar deals on behalf of a foreign investor.
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