BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, litigation in U.S. courts with significant international dimensions, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros.

In the field of international litigation, Mr. Berenson has handled both civil and criminal matters in U.S. courts involving parties, evidence, or parallel legal proceedings in foreign jurisdictions including France, England, the People’s Republic of China, Cyprus, Turkey, the Isle of Man, Monaco, the Democratic Republic of the Congo, and Nigeria. These matters have included civil frauds, criminal and civil securities litigation, enforcement of foreign arbitral awards, litigation involving both jurisdictional and execution immunities under the Foreign Sovereign Immunities Act, and business torts committed abroad.

From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.

Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times, USA Today, and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.

Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.

Selected Representations

• United States v. Acevedo Vila. Represented former Governor of Puerto Rico in two-month long jury trial in federal court involving campaign finance, public corruption, tax and money laundering charges. Jury returned verdicts of not guilty on all counts.
• In re National Security Agency Telecommunications Records Litigation. Represented AT&T in nationwide class action and multi-district litigation regarding its alleged participation in NSA terrorist surveillance program.
• Grand jury investigation of Special Inspector General for Iraq Reconstruction. Represented Special Inspector General for Iraq Reconstruction in grand jury investigation. Investigation concluded with no charges brought.
• United States v. Poyiadjis. Negotiated global settlement of securities fraud and asset forfeiture actions brought by the U.S. Department of Justice, the SEC, and private plaintiffs against former CEO of NASDAQ-listed software company, with simultaneous proceedings or investigations in Cyprus, Switzerland, and the Isle of Man.
• Marc Dreier Fraud. Represented group of former partners of New York lawyer Marc Dreier in connection with the collapse of their firm following revelation of frauds committed by Dreier, the founder and leader of the firm.
• National Parks Conservation, Inc. v. US Army Corps of Engineers. Represented intervenor Florida land developer in successful defense of action by environmental groups challenging extension of developer’s Clean Water Act permit.
• Congressional investigation into firing of U.S. Attorneys. Represented former Chief of Staff to the Attorney General of the United States in Senate hearings and congressional and Department of Justice investigations into the circumstances of U.S. Attorney firings.
• Congressional investigation into Jack Abramoff contacts and White House of non-official e-mail accounts. Represented former Executive Assistant to Karl Rove in House investigation into Jack Abramoff White House contacts and White House staff use of non-official e-mail accounts.
• Board advice in connection with Inspector General investigation. Represented Board of Directors of major government corporation in connection with review and response to Inspector General Report concerning alleged improprieties by former Chairman of the Board.
• Morris v. Peoples Republic of China. Represented PRC in litigation by holders of pre-Revolutionary bonds.
• Off-label promotion defense. Defense of numerous branded pharmaceutical companies in grand jury and other government investigations of allegedly unlawful marketing practices and/or health care fraud.
• Solgas v. Global Steel Holdings, Ltd. Successful personal jurisdictional defense of foreign steel company in conjunction with business tort claims alleging misconduct in connection with steel plant contracts in Nigeria.
• FG Hemisphere Associates, LLC v. Democratic Republic of Congo. Represented creditor of African nation in efforts to execute on judgments pursuant to Foreign Sovereign Immunities Act.
• Enron investigation. Defended former senior Enron executive who was target of Enron Task Force grand jury investigation. No criminal charges brought.
• Liberia Global Mining Co. v. Government of the Republic of Liberia. Preliminary injunction action in aid of simultaneous demand for ICSID arbitration relating to alleged breach of mining concession by Liberia.
• Creditrust, Inc. v. Enhance Financial Services. Represented credit insurer in successful defense of cyber-smearing action and in related bankruptcy proceedings of plaintiff.
• Internal investigation of alleged OFAC violations. Conducted internal investigation of major international non-governmental organization in connection with allegations of potential violations of foreign asset control regulations relating to Iran.
• Al-Abood v. El-Shamari. Won plaintiff’s verdict on behalf of Iraqi national resident in Monaco in investment fraud jury trial in federal court.
• United States v. Lopez-Lukis. Represented lobbyist and former County Commissioner in public corruption jury trial in Florida. Lobbyist acquitted on all counts, and former public official acquitted on ten of eleven counts.
• United States v. Austin. Represented former Vice President of Construction and Engineering of natural gas pipeline company in multi-count indictment for alleged violations of Clean Water Act. Secured dismissal of indictment.
• United States v. Caiafa. Represented former FAA official in government contract fraud jury trial.
• Kronheim v. District of Columbia. Represented alcoholic beverage wholesaler in successful preliminary injunction hearing in federal constitutional challenge to regulation of wholesale liquor warehousing.
• Resolution Trust Corporation v. Stroock & Stroock & Lavan. Part of a team that secured summary judgment for major New York law firm on eve of trial in professional liability case arising from collapse of savings and loan.

Publications

• Secret Law and the Threat to Democratic and Accountable Government, Testimony before the United States Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Property Rights (April 30, 2008)
• Habeas Corpus and Detentions at Guantanamo Bay, Testimony before the United States House of Representatives Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties (June 26, 2007)
• Exercising Congress’s Constitutional Power to End A War, Testimony before the United States Senate Committee on the Judiciary (January 30, 2007)
• Examining Proposals to Limit Guantanamo Detainees’ Access to Habeas Corpus Review, Testimony before the United States Senate Committee on the Judiciary (September 28, 2006)
• Bass and Berenson, “Washington Legal Foundation IV: New Boundaries for Off-Label Promotion?” Food and Drug Law Institute Update, Issue 2, April 2000
• Bass, Kalb and Berenson, “Off-Label Promotion: Is the FDA’s Final Guidance on Industry-Supported Scientific and Educational Programs Enforceable?” 53 Food and Drug L.J. 193 (1998)
• Book Review: “The Common Law Tradition: A Collective Portrait of Five Legal Scholars,” 7 Engage 152 (2006) 
• “The Uncertain Legacy of Rasul v. Bush,” 12 Tulsa J. Comp. & Int'l Law 39 (2004)
• Note, “State Power and Discrimination by Private Clubs: First Amendment Protection for Nonexpressive Associations,” 104 Harvard Law Review 1835 (1991)
• “The Supreme Court, 1989 Term — Leading Cases: Office of Personnel Mgmt. v. Richmond,” 104 Harvard Law Review 285 (1990)
• “Supreme Court 1995-1996: Litigation Wrap Up,” Litigation News (Federalist Society, Fall 1996)