Jennifer Daskal
Jen guides clients through crisis response, regulatory compliance, and risk mitigation related to cybersecurity, data privacy, cross-border digital frameworks, and broader safety and security considerations involving new technology. As a former senior official at the White House and DHS, she brings extensive experience in managing public safety and homeland security challenges across multiple federal agencies, leading diplomatic negotiations, and overseeing high-stakes litigation.
Jen draws on this experience in supporting clients with breach response, regulatory compliance, litigation strategy, government oversight and investigations, and public policy engagement. She both advises clients on the development and implementation of safety and security protocols in response to emergent threats and supports clients in the wake of a security incident. Her counsel spans technical and legal dimensions across domestic and international matters, and includes advising on artificial intelligence regulation, controls on sensitive data, and surveillance laws.
In addition to her client work, Jen maintains an active academic and policy voice, helping clients anticipate legal developments and engage effectively with regulators and global stakeholders. Jen has also testified before the Senate Judiciary Committee on counter-drone authorities and has particular experience dealing with legal and regulatory issues affecting the drone industry.
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