Stephen Preston > WilmerHale > Washington DC, United States > Lawyer Profile

WilmerHale
2100 Pennsylvania Avenue NW
Washington DC 20036
United States

Work Department

Big Data ; Congressional Investigations ; Crisis Management and Strategic Response ; Cybersecurity and Privacy ; False Claims Act ; Federal Inspector General Investigations ; Foreign Investment in the US (CFIUS) ; Government and Regulatory Litigation ; Government Contract Investigations ; Government Contracts ; Investigations ; Litigation ; National Security ; White Collar Defense and Investigations

Position

Partner

Chair, Defense, National Security and Government Contracts Practice

Career

Stephen Preston heads WilmerHale’s Defense, National Security and Government Contracts Practice. His work includes investigations, litigation, federal procurement, civil fraud, foreign investment in the United States, cybersecurity, strategic counseling and crisis management.

From 2009 to 2015, Mr. Preston served as General Counsel of the Department of Defense and, before that, as General Counsel of the Central Intelligence Agency. He is the first person to have held both these Senate-confirmed positions. During his six years in the administration, he played a leading role in ensuring that the United States’ intelligence activities and military operations fully complied with domestic and international law. He was a key legal advisor on many of the country’s most challenging and consequential national security endeavors, including the operation against Osama bin Laden in 2011.

Mr. Preston previously served in positions at the Pentagon and the US Department of Justice between 1993 and 2000, including as General Counsel of the Navy from 1998 to 2000. When not in government, he has practiced law at WilmerHale, initially from 1986 to 1993, then from 2001 to 2009, and now since 2015.

For his contributions while in office, Mr. Preston has received the highest awards presented to civilians by the Department of Defense and the Central Intelligence Agency, as well as the Department of State, the Office of the Director of National Intelligence and the Department of the Navy.

Professional Activities

Mr. Preston has written and spoken widely on topics relating to law and national security, and he has testified before Congress on several occasions.

Mr. Preston serves on the Board of Directors of the National Defense Industrial Association, as counselor on the Executive Council of the American Society of International Law, on the Board of Directors of the CIA Officers Memorial Foundation, and as counsel to the Board of Trustees of In-Q-Tel, Inc. He is a fellow of the American Bar Foundation and a member of the Council on Foreign Relations, and he has been active with the American Bar Association’s Standing Committee on Law and National Security and with the Intelligence and National Security Alliance’s Legal Affairs Roundtable.

In 2015, Mr. Preston received an adjunct faculty appointment to teach at Yale Law School as the Oscar M. Ruebhausen Distinguished Visiting Lecturer in International Conflict and Security Law. He was appointed to the President’s Intelligence Advisory Board in 2016.

Memberships

District of Columbia

Education

JD, Harvard Law School, 1983

BA, Yale College, 1979

Lawyer Rankings

United States > Government > Government contracts

WilmerHale‘s Washington DC-based group boasts a strong track record in large bid protests and is noted for its wealth of experience in IP, government contract patent rights and cybersecurity. Housing lawyers with security clearance, the team is well versed in issues at the intersection of government contracts and national security. Prominent in the defense, tech, aerospace and energy, the practice is jointly led by Stephen Preston, whose past experience includes serving as general counsel of the Department of Defense and the CIA, and Andrew Shipley. Preston is particularly active in advising on crisis management, procurement fraud cases and investigations, while Shipley is recommended for bid protests, federal court litigation and appeals. Other key names include Barry Hurewitz, who handles transactional and regulatory work, and investigations specialist Erik Swabb.

United States > International Trade > CFIUS

A strong specialist CFIUS team’, WilmerHale strikes the right note with its ‘clear domain knowledge of the CFIUS process and its intricacies’. The wider firm’s signature regulatory expertise and relationships comes into play in its national security practice, with many of its key partners bringing to bear strong government backgrounds and in-depth understanding of internal CFIUS procedures and culture. Most notably, go-to CFIUS expert Benjamin Powell served as general counsel to the first three Directors of National Intelligence; he was at the helm for several sensitive matters over the past year. Additionally, Jason Chipman’s practice leverages his significant experience in working on national security issues at the Department of Justice (DOJ). Chipman, who is ‘committed to building client relationships and getting results’, is advising Kansas City Southern Railway Company on CFIUS matters connected to its merger with Canadian Pacific Railway. Other key contacts in the Washington DC-based group include Stephen Preston, who  heads the defense, national security and government contracts practice, and Robert Kimmitt, whose practice takes in national security law, international investment, regulation and governance.