Representative Matters

National Security Law and Policy
Government Contracts

• Represented US government contractors in strategic planning, filings, and negotiations CFIUS and its member executive branch departments and agencies in mergers and acquisitions transactions.
• Advised companies with direct or indirect non-US ownership, including US subsidiaries of foreign-controlled companies, a private equity fund, and individuals, on security clearance and acquisition supply chain security matters including mitigation of Foreign Ownership, Control, or Influence, compliance with National Industrial Security Program Operating Manual requirements, and doing business with US intelligence agencies while holding a security clearance issued by a foreign government.
• Represented commercial and nonprofit entities in structuring, negotiating, and managing business relationships with the US national security, intelligence, and homeland security agencies, including compliance, corporate governance, and risk assessment.
• Advised government contractors, other companies, and individuals on issues relating to classified information, including personnel and facilities clearances, reporting of adverse information, and compliance with security requirements.
• Represented a major US telecommunications carrier and Internet services provider and government contractor in multiple multibillion dollar acquisitions involving US Department of Defense (DOD) contracts, interests, and deliberations relating to the Federal Communication Commission's reviews of the acquisitions.
• Counseled DOD contractors on DOD requirements relating to foreign origin of products under the Buy America Act and Trade Agreements Act and relating to information assurance capabilities of information technology products and services used by DoD and its contractors.
• Provided legal and policy support for government contractor seeking congressional appropriations for a homeland security program.
• Counseled established and start-up companies in seeking and structuring business from US national security and homeland security agencies.
• Led major defense and intelligence community contractor's presentation of export controls voluntary disclosure submissions and demonstration of present responsibility to major defense and intelligence community customers.
• Represent a national bank in the development and US government review of privacy and security protections for outsourcing arrangements for a foreign software company to develop and maintain software involved in the delivery of services to US government customers.

Information Security, Computer Crime and Electronic Surveillance

• Advised companies on legal, technological, and policy measures to prepare for, respond to, and recover from breaches of data security caused by loss, theft or other compromise of digital information.
• Represented and advised private and government entities in information security, computer crime, electronic surveillance, identity theft, spam, fraud, phishing, and workplace privacy issues.
• Advised financial institutions, a national retailer, and a defense contractor on the investigative, compliance, civil liability, and reputational risk aspects of potential compromises of computerized customer information.
• Represent a software and services company on congressional, regulatory, and government procurement issues related to responsibility and liability for the security and reliability of computer network systems and software.
• Represent a national bank in the development and US government review of privacy and security protections for outsourcing arrangements for a foreign software company to develop and maintain software involved in the delivery of services to US government customers.
• Counsel businesses on the legality under federal and state law of electronic surveillance measures to protect the employees, visitors, and premises of the business.
• Identify and integrate information security considerations and requirements into commercial contracts between a manufacturer of consumer products and vendors engaged in providing a range of information-related services to the manufacturer.
• Assist a software company in the defense of a lawsuit brought in a foreign jurisdiction seeking damages for alleged software vulnerabilities.
• Advised the developer of a mobile monitoring device on collecting and sharing individually-identifiable data; drafted privacy policy to ensure ample disclosure of the extent of monitoring involved, the types of data collected, the uses of the data, and the specific circumstances in which the data are shared.
• Drafted and negotiated data security and business continuity provisions in agreements between financial institutions and service providers providing outsourced services to financial institutions.
• Served on a pro bono basis as an invited external peer reviewer for a major National Academy of Sciences/National Research Council report, "Technology, Policy Law and Ethics Regarding Cyberattack," a ground-breaking study on offensive information warfare by the National Research Council, a private, nonprofit institution that provides science, technology and health policy advice under a congressional charter.

Privacy

• Advised the developer of a mobile monitoring device on collecting and sharing individually-identifiable data; drafted privacy policy to ensure ample disclosure of the extent of monitoring involved, the types of data collected, the uses of the data, and the specific circumstances in which the data are shared.
• Drafted and negotiated data security and business continuity provisions in agreements between financial institutions and service providers providing outsourced services to financial institutions.
• Served on a pro bono basis as an invited external peer reviewer for a forthcoming National Academy of Sciences/National Research Council report, "Technology, Policy Law and Ethics Regarding Cyberattack," a ground-breaking study on offensive information warfare by the National Research Council, a private, nonprofit institution that provides science, technology and health policy advice under a congressional charter signed by President Abraham Lincoln.
• Advised clients on issues arising from the dual applicability of US national security laws (USA PATRIOT Act and Arms Export Control Act) and the European Union's Data Protection directive and national implementing legislation.
• See also representative matters under Information Security, Computer Crime, and Electronic Surveillance.

 Intellectual Property/Technology

• Advised and represented companies in intellectual property negotiations and intellectual property policy matters with the US Department of Defense (DOD) and US intelligence agencies.
• Negotiated and drafted client's Cooperative Research and Development agreement with DOD.
• Represented the United States Postal Service in the drafting and negotiation of technology agreements relating to an electronic commerce initiative.
• Drafted nondisclosure agreement for information technology services company providing vendor access to its computer networks and data.
• Advised company whose IP was misappropriated by spam spenders on investigative and protective measures.

Litigation

• Served as national coordinating counsel for transfusion-associated-HIV product liability and professional liability cases brought in the Western United States against the American Red Cross, including overseeing strategies for discovery, taking and defending fact and expert witness depositions, preparing and arguing discovery-related and dispositive motions, developing expert and fact witness testimony, participating in court-ordered mediation, and leading settlement negotiations.
• Represented law firms suing the Department of Defense (DOD) to provide medical records, images, and other documents requested under the Freedom of Information Act relating to clients of those law firms detained at the United States Naval Base at Guantanamo Bay, Cuba after the September 11, 2001 terrorist attacks on the United States.
• Advise information technology clients and enterprise users on assessing and minimizing their exposure to litigation risk based on alleged security vulnerabilities and compromises.
• Assist a software company in the defense of a lawsuit brought in a foreign jurisdiction seeking damages for alleged software vulnerabilities.
• Provided national security and strategic litigation advice in litigation brought on behalf of detainees from a foreign country who are held by the DOD at Guantanamo Bay, Cuba, litigation brought against a major financial and real estate enterprise based in the Arabian Peninsula alleging that entity's support of the 9/11 terrorist attacks against the United States, and a challenge brought by a major freight railroad against a city's legislation on statutory preemption and Commerce Clause grounds.

 Homeland Security

• Identified potential sources of liability, and developed and implemented mitigation strategies, for government contractors arising out of unusually hazardous activities in homeland security.
• Provided legal and policy support for government contractor seeking Congressional appropriations for a homeland security program.
• Counseled established and start-up companies in seeking and structuring business from US national security and homeland security agencies.

Public Policy and Legislative 

• Prepared client written and oral Congressional testimony relating to information security, computer crime, and child online safety issues.
• Formulated strategies and prepared position papers (white papers) and talking points for client meetings with Members of Congress and staff members of committees of Congress.
• Testified before subcommittees of the United States Congress and prepared numerous government and private sector witnesses for their appearances before subcommittees and committees of the United States Congress.
• Advised former government officials and companies considering hiring former government officials on applicable seeking employment and post-employment ethics requirements and restrictions.
• Served on a pro bono basis as an invited external peer reviewer for a forthcoming National Academy of Sciences/National Research Council report, "Technology, Policy Law and Ethics Regarding Cyberattack," a ground-breaking study on offensive information warfare by the National Research Council, a private, nonprofit institution that provides science, technology and health policy advice under a congressional charter.

Awards

Mr. Lee has been honored with a 2006 Burton Award for Legal Achievement for his article "The Dog Doesn't Bark: CFIUS, the National Security Guard Dog With Teeth," which ran in The M&A Lawyer in the February 2005 issue.

Rankings

Chambers USA: America's Leading Lawyers for Business 2010 for Privacy & Data Security

Chambers Global: The World's Leading Lawyers for Business 2010 for Privacy & Data Security

Washingtonian's "Top Lawyers" 2009 for National Security

The National Law Journal list of "50 Most Influential Minority Lawyers in America" 2008

Professional and Community Activities

Professional Activity

• Director, Yale Law Journal Company

• Member, American Law Institute

• Former member, Board of Editors, American Lawyer Media's China Trade Law Report

• Former member, Executive Board, Yale Law School Association

• Invited inaugural member, Yale Law Journal's Alumni Advisory Board

Articles

Presentations

Advisories