Practice Areas
Benjamin Powell is widely recognized as one of the country's top authorities on handling cybersecurity, data breach and related investigation matters. He has advised companies on major cybersecurity incidents and incident preparedness across virtually every sector of the economy, including the banking, investment management, software, retail, energy, defense and intelligence, media and entertainment, pharmaceutical, cloud services, government contracting, aerospace, information technology, manufacturing, and travel sectors. He is recognized as a leading attorney in handling complex regulatory matters relating to international investment and mergers, including matters involving the Committee on Foreign Investment in the United States (CFIUS) and the Defense Counterintelligence and Security Agency (DCSA). He also is regularly asked to be lead counsel on major investigations and strategic counseling across a variety of sensitive regulatory matters for the world's most prominent companies. In 2020, President Trump appointed Mr. Powell to the Public Interest Declassification Board. He previously served on President Trump’s intelligence community transition team.
Mr. Powell has performed due diligence on some of the largest recent corporate transactions and successfully guided companies through some of the most complex CFIUS filings for companies in a range of industries. He has also served as lead counsel on matters for companies facing difficult regulatory, congressional, and public policy issues across a range of industry sectors and subjects. Mr. Powell regularly handles matters involving the Defense Security Service, including the structuring of Special Security Agreements and Proxy Agreements, related to corporate security clearances and classified government contracting. He has represented clients in civil and criminal litigation involving privacy and surveillance issues at the state and federal level.
Career
Mr. Powell was unanimously confirmed by the United States Senate as General Counsel to the Director of National Intelligence. His background includes serving as General Counsel to the first three Directors of National Intelligence, Special Assistant to the President and associate White House Counsel, Air Force officer, work at the Federal Bureau of Investigation, corporate counsel at a software company in Silicon Valley, and part of the trial team that obtained the largest antitrust jury verdict in US history. He joined the firm in 2009.
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, cybersecurity and foreign affairs. He worked closely with Congress to modernize the laws governing electronic surveillance activities and private sector involvement with 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.
Experience
Cybersecurity
Investigation of one of the largest cybersecurity incidents in history stemming from an insider threat. Matter involved regulatory inquiries, contracting issues, congressional inquiries, and other proceedings.
Investigation of cybersecurity incident for one of the world's largest financial institutions. Matter was one of the most significant cybersecurity incidents in history related to a financial institution. Matter involved law enforcement, domestic and international regulatory coordination, multi-state Attorneys General investigation, and variety of other sensitive inquiries.
Investigation of large breach of payment cards at national retailer. Matter involved PCI DSS investigation, law enforcement, regulatory inquiries, notice to millions of consumers, and other proceedings.
Investigations of payment card breaches involving PCI DSS investigations at e-commerce sites and credit card processors. Matters involved nationwide notice, third party liability issues, and related issues.
Counsel in numerous cybersecurity incidents involving defense and intelligence companies.
Counsel in numerous cybersecurity matters involving SEC disclosure issues, domestic and international financial regulators, corporate governance, state Attorneys General inquiries, international regulators, consumer notice, Federal Trade Commission investigations, government investigations, and law enforcement coordination.
Regularly advise numerous companies on sensitive cybersecurity matters, including incident preparedness, PCI DSS issues, internal investigations, forensics, securities law disclosure obligations, and corporate governance. Representations have included major companies in the banking, investment management, pharmaceutical, software, electronics, cloud services, social media, financial, energy, defense and aerospace companies.
Designated lead counsel for any cybersecurity incidents that may occur for a number of the world's largest companies.
Represented one of world's largest software companies in Federal Trade Commission investigation and Consent Order related to security of software installed on more than 500 million computers.
Handled criminal and civil litigation related to privacy and surveillance issues.
International Investment and Transaction Due Diligence
Represented Chicago Bridge & Iron N.V. in approximately $3 billion acquisition of The Shaw Group Inc. on issues related to CFIUS, foreign investment, Defense Security Service and government contracting.
Representation of BMC Software, Inc. in its approximately $7 billion sale to a private equity group including Bain Capital and Government of Singapore Investment Corporation (GIC) on matters related to CFIUS, Defense Security Service and government contracting.
Representation of Silver Lake Partners, a global technology investment firm, in a transaction valued at approximately $24 billion to acquire Dell Inc. Performed government contracts diligence, security diligence and other related due diligence matters.
Representation of the New York Stock Exchange (NYSE Euronext) on international investment CFIUS matters with respect to its proposed merger with Deutsche Börse AG, where he successfully obtained CFIUS clearance.
Representation of Chesapeake Energy Corporation, the second largest US producer of natural gas, on CFIUS matters in the $4.75 billion dollar sale of its assets in the Fayetteville Shale area to BHP Billiton.
Representation of Brigham Exploration Company on CFIUS matters in its approximately $4.4 billion sale to Statoil ASA.
Numerous other transactions involving CFIUS and due diligence matters, including transactions in in telecommunications, electronics manufacturing, energy, aerospace and industrial equipment sectors.
Representation of large private equity firm on due diligence for transactions involving government contracting, export control, security and Foreign Corrupt Practices Act (FCPA).
Regulatory Investigations and Response
Represented a multinational oil and gas company before the National Commission formed by President Obama to investigate the Deepwater Horizon explosion in the Gulf of Mexico and review offshore drilling.
Represented a multinational oil and gas company before the National Academy of Engineering/National Research Council Committee reviewing the Deepwater Horizon explosion in the Gulf of Mexico and recommending changes to offshore drilling.
Lead counsel on sensitive investigations related to potential regulatory violations and responding to law enforcement, agency, congressional and media requests.
Government Experience
Office of the Director of National Intelligence
General Counsel
Executive Office of the President
The White House
Special Assistant to the President
Executive Office of the President
The White House
Associate White House Counsel
