Jonathan G. Cedarbaum leads the firm’s False Claims Act Group and is a member of its Cybersecurity, Privacy and Communications Group, in which he counsels clients on regulatory and policy issues and frequently oversees cyber incident response efforts.
Mr. Cedarbaum also litigates Administrative Procedure Act, constitutional and international cases and represents clients before administrative agencies and congressional committees.
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.
During his time at OLC, Mr. Cedarbaum handled the cybersecurity and surveillance docket and 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).
Professional Activities :
- Independent Agencies
- Administrative Conference of the United States, Public Member, 2017-present
- 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
- American Bar Association
- Administrative Law Section
- International Law Section
Experience :
- Arguing and winning dismissal with prejudice of a qui tam False Claims Act suit against a large bank in the US District Court for the Southern District of New York
- Securing dismissal with prejudice—and affirmance on appeal—of a qui tam False Claims Act case against a major telecommunications provider
- Winning dismissal with prejudice of a qui tam False Claims Act complaint against a leading defense contractor
- Securing dismissal of a series of qui tam False Claims Act cases against a major financial institution in federal and state courts
- 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
- Counseling a major financial institution on legal issues raised by monitoring network traffic and taking countermeasures to cyber attacks
- Counseling major cloud computing companies on government contracting issues, including FedRAMP and FISMA
- Advising major high-tech companies on the development of federal cybersecurity legislation and the recent critical infrastructure cybersecurity executive order
- Analyzing for a major pharmaceutical company the likely effect of federal budget sequestration on Medicare reimbursement policies
- Advising a major pharmaceutical company about a possible constitutional challenge to retrospective application of the Biologics Price Competition and Innovation Act.
EDUCATION :
- JD, Yale Law School, 1996
- MPhil, Yale University, 1990
- AB, Harvard University, 1983
ADMISSIONS : District of Columbia, Maryland
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 :
- Department of Justice, Office of Legal Counsel, Acting Assistant Attorney General
- Department of Justice, Office of Legal Counsel, Deputy Assistant Attorney General
Cost
Rate : $$$