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

Fronting a robust bid protests service, WilmerHale‘s government contracts practice also houses a dedicated team combining expertise in IP, government contract patent rights and cybersecurity. Members’ high security clearances make them an ideal choice for some of the biggest names in defense, aerospace, tech, and energy. Former Department of Defense and CIA general counsel Stephen Preston, whose expertise covers investigations, fraud, cybersecurity, and crisis management, leads the Washington DC-based group alongside Andrew Shipley, a reputable government contracts litigator with notable successes in bid protests, government enforcement actions, and claims and appeals. Barry Hurewitz works at the intersection of government transactions and tech and information regulation, while Erik Swabb assists defense contractors with government and internal investigations, as well as matters of national security.

United States > International trade > CFIUS

Providing ‘good commercial guidance on CFIUS processes and likely sensitivities’, WilmerHale’s formidable government-side experience ensures adept handling of complex filings, including mitigation negotiations. Alongside an existing strength in mid-market M&A, its premier CFIUS expertise makes the group a regular fixture on reviews for large-scale, cross-border transactions—across all key industries. Highly regarded department chair Benjamin Powell is a former associate counsel to the president and GC to the Office of the Director of National Intelligence. Among Powell’s recent cases, he represented chemical company Univar Solutions during the successful CFIUS review of its $8.1bn acquisition by Apollo Global Management and Abu Dhabi Investment Authority. A former senior counsel to the Deputy Attorney General, Jason Chipman also contributes extensive government-side experience and specializes in regulatory matters connected to cybersecurity, CFIUS and related export controls. In a highlight example of his practice sweet spot, Chipman is acting as CFIUS counsel to Intel regarding a $9bn transaction involving semiconductor memory technology. Other key contacts in the Washington DC-based team include Stephen Preston, who chairs the defense, national security and government contracts practice; and the ‘very strategicRobert Kimmitt, who previously served as Deputy Secretary of the US Department of the Treasury.