Joseph Charles Folio III

Of Counsel | Washington, D.C.

jfolio@mofo.com | (202) 887-1578

jfolio@mofo.com
(202) 887-1578

Joseph C. Folio III is a trial lawyer and of counsel in Morrison & Foerster’s Global Antitrust Law and Crisis Management practices, 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.

As a prosecutor in the DOJ’s Antitrust Division, 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.

Joe most recently 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. As part of the committee’s cybersecurity work, Joe advised its members on oversight of the newly established 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.

As part of Joe’s decade-plus service as a DOJ trial attorney, he also handled complex and high-profile civil litigation in the Federal Programs Branch of the Civil Division. While at Federal Programs, his practice focused largely on national security litigation, where his clients included the FBI; the Departments of Defense, Homeland Security, and State; and several different members of the Intelligence Community. He also represented the Export-Import Bank against multiple administrative and constitutional challenges. He served as lead counsel in almost all of these matters, and his experience spans all phases of civil litigation, including trials. Additionally, because of 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.

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