Kenneth L. Wainstein

Washington,  DC  U.S.A.
Phone202 862 2474

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AV® Preeminent

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Practice Areas

  • Anti-Money Laundering & Asset Forfeiture
  • Asia Competition Law
  • Corporate & Securities Litigation
  • Cyber and National Security
  • FCPA and International Anti-Bribery
  • False Claims Act
  • Financial Regulation
  • Grand Jury and Cartel Investigations
  • Amnesty
  • and Compliance
  • Litigation
  • OFAC and Export Control
  • Securities Enforcement & Investigations
  • White Collar Defense and Investigations
Contact InfoTelephone: 202 862 2474
Fax: 202 862 2400
University University of Virginia, B.A., with high distinction, 1984
Law SchoolUniversity of California at Berkeley, J.D., 1988
Admitted1988, California; 1996, District of Columbia
Memberships V2N1

Mar 26, 2014

SEC Enforcement Advisor

SEC Announces Largest Ever Whistleblower Award, Awards $30 Million to Foreign Whistleblower

Oct 01, 2014

Second Circuit Holds that Anti-Retaliation Provisions of Dodd Frank Act Have No Extraterritorial Application

Aug 20, 2014

Gatekeepers In the Enforcement Spotlight

May 22, 2014

SEC Announces Second Set of Whistleblower Awards

Jul 01, 2013

The SEC's New Policy on Seeking Admissions in Settlements

Jun 28, 2013

White Collar Defense and Investigations Advisor

AML Guidance Issued for Banks Seeking to Service Marijuana-Related Businesses

Feb 27, 2014

SEC Issues Guidance on Conflict Minerals Rule

Jun 10, 2013

U.S. and Chinese Regulators Sign Historic Memorandum of Understanding Regarding Enforcement Cooperation

May 31, 2013

Southern District of New York Orders Chevron CEO and General Counsel to Testify in RICO Suit Related to $18 Billion Ecuadorian Judgment

May 28, 2013

European Union Pending Legislation Requiring Additional Transparency from Extractive Industries

May 20, 2013

A Brief Primer for Corporate Social Media Disclosures in Light of the SEC's Recent Guidance on Regulation FD

Apr 08, 2013

The Dodd-Frank Whistleblower Program: An Analysis of the SEC's Second Annual Report, Best Practices for Dealing with Whistleblowers, and Recent Cases Interpreting the Scope of the Anti-Retaliation Provisions of the Dodd-Frank Act

Dec 10, 2012

SEC Issues Resource Extraction Rule

Sep 21, 2012

SEC Issues Conflict Minerals Rule

Aug 29, 2012

The Evolving Obligations of Public Companies to Disclose Cyber-Intrusions

Jul 09, 2012


Kenneth Wainstein briefs the University of North Carolina's Board of Governors regarding the ongoing independent investigation into irregular courses .

Kenneth Wainstein is Chair of the firm's White Collar Defense and Investigations Group. He focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. With experience in significant positions in the U.S. government in the areas of criminal enforcement and national security, he brings clients a deep understanding of the substantive and procedural issues involved in white collar defense. His 20 years of public service have garnered him an intimate knowledge of Justice Department policy, extensive crisis management skills, credibility among prosecutors and regulators, and strong relationships with Congress, the District of Columbia bench and bar, and U.S. Attorneys around the country.

In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation's counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.

Prior to his White House service, Ken was twice nominated and confirmed for leadership positions in the Justice Department. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ's law enforcement and intelligence activities on counterterrorism and counterintelligence matters, and also oversaw the Department's role in regulatory mechanisms such as the Committee on Foreign Investment in the U.S. (CFIUS). Ken led several national security initiatives, including the launch of the national, inter-agency Export Control Enforcement Initiative targeting illegal exports of sensitive technology and weapons components.

In 2004, he was appointed, and later confirmed as, the United States Attorney in Washington, DC, where he managed the largest U.S. Attorney's Office in the country and oversaw a number of high-profile white-collar and public corruption cases. Prior to that, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller. At the FBI, Ken was involved in myriad sensitive national security and criminal enforcement matters, as well as a variety of civil litigation, managerial, and Congressional oversight issues. In 2001, Ken was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys' Offices.

From 1989 to 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled numerous criminal trials and appellate arguments.

Ken's work has been recognized with the Edmund J. Randolph Award for Outstanding Service to the Department of Justice, the Department of Justice Director's Award for Superior Performance, and the Lawyer of the Year Award from the Bar Association of the District of Columbia, and he was recently named as a top national security lawyer by Washingtonian magazine. Ken has served as an adjunct professor at Georgetown University Law Center since 2009, teaching National Security Investigations and Litigation. He is a member of the Director's Advisory Board of the National Counterterrorism Center; a member of the Public Interest Declassification Board; a member of the CIA General Counsel's External Advisory Board; chairman of the Legal Panel of the National Security Agency Advisory Board; a member of the Webster Commission on the FBI, Counterterrrorism Intelligence, and the Fort Hood Shootings; the Co-chair of the Committee on National Security Law, Policy & Practice of the District of Columbia Bar Association; a member of the Council on Foreign Relations; a member of the steering committee of the George Washington University Homeland Security Policy Institute; and a member of the Board of Directors of the National Association of Former United States Attorneys.

Ken earned his B.A. from the University of Virginia, with high distinction and Phi Beta Kappa. He earned his J.D. from the University of California at Berkeley, where he was a moot court board member and the Note and Comment Editor of the California Law Review. Following law school, Ken served as law clerk to the Honorable Thomas Penfield Jackson of the U.S. District Court in the District of Columbia.


Representative matters:

Counsel conducting the independent investigation into allegations of academic irregularities at the University of North Carolina - Chapel Hill.

Counsel overseeing the investigation into allegations of improper conduct by investigators in the National Collegiate Athletic Association's (NCAA) Enforcement Staff and a broader review and assessment of the environment, policies and procedures of the NCAA's Enforcement Staff operations.

Counsel overseeing comprehensive FCPA compliance review for an international real estate company.

Representation of a financial institution in a FINRA investigation involving alleged violations concerning the client's prime brokerage operation.

Representation of a defense contractor in a federal export control and Foreign Corrupt Practices Act (FCPA) investigation.

Counsel advising a corporation regarding its response to a major cyber intrusion.

Representation of a bank in a Justice Department investigation into allegations of energy trading manipulation.

Counsel overseeing internal investigations for two corporations regarding their compliance with municipal, state, and federal laws and regulations governing campaign finance restrictions, lobbying registration requirements, and pay-to-play limitations.

Representation of a government contractor in a Department of Justice antitrust bid-rigging investigation.

Counsel conducting internal investigation of alleged violations of the Anti-Kickback Statute by employees of a health insurance company.

Representation of a professional basketball player charged with firearms offenses.

Representation of a dealer in law enforcement equipment who was indicted for FCPA violations.

Representation of an executive in an SEC investigation into insider trading.

Representation of an Assistant United States Attorney in connection with the special prosecutor's investigation of potential contempt of court charges arising out of the Justice Department's prosecution of Senator Ted Stevens.

Counsel for an individual in connection with a Department of Justice criminal investigation into the alleged violation of federal campaign finance laws.

Representation of a senior executive of a construction company in an FCPA investigation by the SEC and the Department of Justice.

Counsel for a Swiss bank official charged with conspiring to help U.S. taxpayers hide their assets from the I.R.S.

Counsel overseeing compliance reviews of two major mortgage processing companies.

Representation of a bank in litigation over its role in the securitization of mortgages.

Representation of a foreign bank official in a Justice Department investigation into alleged sanctions violations.

Representation of the CEO of a manufacturing company in an honest services fraud prosecution by the Antitrust Division of the Justice Department.

Representation of a senior executive of a pharmaceutical company in a Justice Department investigation into alleged sanctions violations.


News Releases

Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America

Aug 18, 2014

Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014

Jun 27, 2014

Cadwalader Partner Kenneth L. Wainstein Briefs Board of Governors of University of North Carolina: Wainstein Issues Statement Regarding Ongoing Independent Investigation into Irregular Courses

Jun 20, 2014

Cadwalader's Kenneth Wainstein Appointed by University of North Carolina to Lead Independent Inquiry

Feb 27, 2014

The Washingtonian Names Four Cadwalader Partners to its 'Best Lawyers' List

Dec 04, 2013

Cadwalader Recognized in 2013 Edition of The Legal 500 US

Oct 25, 2013

Cadwalader Adds Top Washington Attorney to Business Fraud and Complex Litigation Group

Mar 26, 2012

Recent Press

DOJ Stands Firm on Discovery Policy After Stevens Debacle

May 09, 2012

Former Presidential Counter-Terror Advisor Joins Financial Law Firm

Mar 26, 2012


Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America

Aug 18, 2014

Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014

Jun 27, 2014

Cadwalader Recognized in 2013 Edition of The Legal 500 US

Oct 25, 2013


Clients & Friends Memos

DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information

Apr 15, 2014

U.S. District Court Confirms FTC Authority to Regulate Corporate Data Security Practices

Apr 11, 2014

The Rockefeller Letter and the Cybersecurity Debate

Oct 12, 2012


Compliance and Legal Society Charlotte Regional Seminar

Sep 22, 2014

Intelligence and National Security Summit

Sep 18, 2014

The American Bar Association's 28th Annual National Institute on White Collar Crime

Mar 05, 2014

ECOA Sponsoring Partner Forum

May 09, 2013

The Heritage Foundation: The Changing Nature of Terror: Laws and Policies to Protect America - Protect America Month Program

May 08, 2013

Task Force on Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

Apr 04, 2013

ABA White Collar Crime Institute 2014

Mar 06, 2013

Secrecy, Government and National Security: A Conversation

Oct 16, 2012

Investing in China: QFII, QDLP, Direct Investment, Compliance, and Exits

Oct 15, 2012

2012 Supreme Court Preview Panel

Sep 27, 2012

The Constitution Project's Plugging National Security Leaks While Preserving Free Speech

Sep 20, 2012


FCPA Advisor

Will Independent Directors Be on the Hook for Failure of Internal Controls in FCPA Cases?

Jul 15, 2013

Allianz To Pay $12.3M To Settle SEC's Bribery Allegations

Dec 19, 2012

DOJ and SEC Issue FCPA Guidance

Nov 19, 2012

FCPA Allegations Involving Customs Clearance in Kazakhstan

Jun 11, 2012


Quorum: March 2014


Documents by this lawyer on

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DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information
Keith M. Gerver,Jonathan S. Kanter,Nandu Machiraju,Kenneth L. Wainstein, April 20, 2014
On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate...

U.S. District Court Confirms FTC Authority to Regulate Corporate Data Security Practices
Keith M. Gerver,Peter J. Isajiw,Peter Moll,Kenneth L. Wainstein, April 20, 2014
On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the FTC”) to regulate corporate data security practices under...

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Office Information

Kenneth L. Wainstein

700 Sixth Street, N.W.
WashingtonDC 20001


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