Jennifer Daskal
Jennifer helps clients manage crisis situations; address regulatory challenges and compliance risks involving data privacy, cybersecurity, and cross-border digital frameworks; and respond to complex national security–related challenges. As the former deputy homeland security advisor at the White House and acting general counsel at the Department of Homeland Security, she brings extensive legal and policy experience with responding to the nation’s most complex public safety and homeland security challenges, leading diplomatic negotiations, and overseeing strategic litigation decisions.
Jennifer advises clients on complex data transfer and lawful access issues across all sectors, including the complexities of international privacy regulations, cloud-based investigations, and government access to data—offering strategic counsel and actionable legal advice. Her insight spans both technical and regulatory landscapes, domestic and global. Jennifer supports clients in responding to crisis situations and navigating multijurisdictional matters, such as those involving regulation of artificial intelligence (AI), controls on sensitive data, responses to government requests for data, and U.S. surveillance and security law. She also supports clients with breach response, litigation strategy, response to government oversight and investigations, and public policy engagement.
Jennifer maintains an active academic and policy voice, helping clients anticipate legal trends and engage effectively with regulators and global stakeholders.
Related Practices
Related Industries
Experience
Government Experience
- National Security Council
- Deputy homeland security advisor and deputy assistant to the president
- Principal deputy legal advisor and special assistant to the president
- Acting general counsel and principal deputy general counsel, U.S. Department of Homeland Security
- Counsel to the assistant attorney general, National Security Division, U.S. Department of Justice
- Staff attorney, Public Defender Service for the District of Columbia
Representative Matters
- Managed interagency legal teams at the White House
- Oversaw over 3,000 attorneys at the Department of Homeland Security, working across the cybersecurity, litigation, intelligence, oversight, law enforcement, and immigration divisions
- Oversaw government responses to high-profile cyber incidents and other public safety threats
- Launched and led implementation of the U.S.–China Counternarcotics Working Group
- Led international negotiations on behalf of the White House and Department of Homeland Security
- Coordinated implementation of one of the most complicated prisoner swaps in American history, resulting in the release of 16 individuals, including three wrongfully detained American citizens and one green-card holder, from Russian detention
- Played a key role in shaping the legal foundation for the Clarifying Lawful Overseas Use of Data (CLOUD) Act and related cross-border data access frameworks
- Managed litigation strategy for the Department of Homeland Security
- Represented criminal defense clients at trial and on appeal
Representative Clients
- Advised senior government leaders on multiple national security and public safety threats, including those related to cybersecurity, border security, and risks posed by emerging technologies
- Oversaw White House and Department of Homeland Security legal teams advising on artificial intelligence and cybersecurity regulation
- Managed response to crisis situations, working closely with legal teams across multiple federal agencies, including the Department of Justice, Department of Homeland Security, Department of Treasury, Department of State, and the intelligence community
- Collaborated with global regulators, cloud service providers, and data-focused coalitions on matters involving lawful access to data, encryption policy, and cross-border compliance with complex regulatory regimes
Insights
Credentials
Education
- J.D. magna cum laude Harvard Law School
- M.A., B.A. Economics University of Cambridge
- Marshall Scholar
- B.A. magna cum laude Brown University
- Phi Beta Kappa
Bar Admissions
- District of Columbia
- New York
Clerk Experience
- The Honorable Jed S. Rakoff U.S. District Court for the Southern District of New York
Professional Memberships and Activities
- Leadership Council for Women in National Security
- Founder and Advisory Board member, Tech, Law and Security Program, American University Washington College of Law
- Visiting senior fellow, Cross-Border Data Forum
- Founding editor, Just Security
- Member, Advisory Board, Third Way’s Cyber Enforcement Initiative, 2020 – 2021
- Member, Editorial Board, Journal of National Security Law & Policy, 2018 – 2021
- Chair, National Security Law Section, Association of American Law Schools, 2017 – 2018
Recognition
- Department of Homeland Security
- Gold Medal
- Silver Medal
- Privacy Law Scholars Conference Young Scholars Award
- Privacy Papers for Policymakers Award
- Additional honors for scholarship and leadership in privacy law, data governance, and digital civil liberties
Community
Pro Bono
- Supporting organizations helping protect individuals’ digital and physical security
- Convened a coalition of technology companies, academics, and government stakeholders to support the passage of the CLOUD Act, promoting lawful cross-border access to data in a manner that protects privacy and civil liberties
- Led efforts to develop evidence-based policy solutions addressing law enforcement’s digital evidence needs in ways that incorporate privacy and civil rights protections
Personal Activities
- Avid runner and outdoor enthusiast