Kellen Dwyer
Partner
Kellen is an experienced trial and appellate lawyer who litigates criminal, civil, and regulatory cases in a variety of areas, including cybersecurity & privacy, constitutional law, complex fraud, and national security. In criminal matters, he has obtained declinations, dismissals, misdemeanor pleas, and presidential pardons for prominent individuals and companies facing federal investigations. In civil matters, he has successfully defended Fortune 500 companies in multidistrict litigation and brought affirmative litigation to challenge government overreach. Kellen has a perfect record in both jury trials and appellate arguments: he has twice obtained reversals of jury verdicts on appeal and he won every trial and appeal during his six years as a federal prosecutor.
As an Assistant U.S. Attorney in the Eastern District of Virginia, Kellen obtained a hacking indictment against Julian Assange and represented the United States at Assange’s extradition hearings. He also received the Attorney General’s Award for leading the trial and arguing the appeal in a case charging a malware-testing company with aiding and abetting the 2013 cyberattack on Target Stores. The case is now the lead precedent governing when tech companies can be held liable for crimes committed by their users. Kellen won convictions in dozens of cases involving hacking, wiretapping, complex fraud, conspiracy/RICO, public corruption, national security, and intellectual property.
Kellen was later promoted to Deputy Assistant Attorney General of DOJ’s National Security Division (NSD), where he ran NSD’s Appellate Unit, which represents the DOJ in civil and criminal appeals affecting national security and advises on sensitive prosecutions involving export controls/sanctions, trade secrets, and the Foreign Agents Registration Act (FARA). In that role, Kellen oversaw the defense of President Trump’s TikTok and WeChat bans and successfully sought certiorari in civil cases interpreting the Foreign Intelligence Surveillance Act and the State Secrets doctrine.
White Collar Criminal Defense & Government Enforcement Actions
Civil Litigation
Appellate Litigation & Regulatory Challenges
Selected Bylined Publications
Selected Media Quotes