Stewart Baker's career has spanned national
security and law. He served as General Counsel of the National Security Agency,
Assistant Secretary for Policy at the Department of Homeland Security, and
drafter of a report reforming the intelligence community after the Iraq War.
His legal practice focuses on cyber security, CFIUS, export controls,
government procurement, and immigration and regulation of international travel.
At Homeland Security, Stewart created and
staffed the 250-person DHS Policy Directorate. He was responsible for policy
analysis across the Department, as well as for the Department’s international
affairs, strategic planning and relationships with law enforcement and public
advisory committees. From 2006-2009, Stewart led successful negotiations with
European and Middle Eastern governments over travel data, privacy, visa waiver
and related issues. In addition, he led the Department’s policy effort to
reform federal immigration laws, and transformed the Department’s role in
CFIUS, helping to drive the first rewrite of the CFIUS law and regulations in a
generation.
Internet, Telecom &
Media
When not in government,
Stewart manages one of the nation’s premier technology law practices. Described
by The Washington Post as “one of the most techno-literate
lawyers around,” Stewart’s practice covers national security, electronic
surveillance, law enforcement, export control encryption, and related
technology issues. He has been a key advisor on US export controls and on
foreign import controls on technology. In 2010 Stewart’s policy memoir, Skating
On Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism, was published by
Hoover Press. He continues to comment on these topics at Lawfare.com and the
Volokh Conspiracy, and he hosts Steptoe's Cyberlaw Podcast.
International Trade
Stewart's practice includes issues relating to
government regulation of international trade in high-technology products, and
advice and practice under the antidumping and countervailing duty laws of
United States, European Union, Canada, and Australia. He also counsels clients
on issues involving foreign sovereign immunity, and compliance with the Foreign
Corrupt Practices Act. Stemming from his role at DHS, Stewart has a deep
background in the international implications of US security policy – from the
disputes over US collection of data from international businesses to the US
statutory command that all containers being shipped to the US be scanned before
leaving foreign ports.
Worldwide Arbitration
Stewart has handled the arbitration of claims
exceeding a billion dollars, is a member of national and international rosters
of arbitrators, and is the author of articles and a book on the United Nations
Commission on International Trade Law arbitration rules.
Appellate
Stewart has had a number
of significant successes in appellate litigation and appearances before the
United States Supreme Court. He developed, and persuaded the Court to adopt, a
new theory of constitutional federalism that remains the most vibrant Tenth
Amendment doctrine of the past 30 years. In addition to having filed many
Supreme Court and appellate briefs, Stewart was appointed by the Supreme Court
to brief and argue Becker v. Montgomery and was recognized in
the Court’s opinion for his “able” advocacy. He founded the State and Local
Legal Center, which represents state and local governments before the Court;
and his writings on appellate and constitutional issues have been cited in
various opinions of the Court. His brief opposing the federal government in New
York v. United States, 488 US 1041 (1992), was described by Assistant
Attorney General Walter Dellinger as “one of the most influential amicus briefs
ever filed in the Supreme Court.”
Check out the incredible speaker line-up to see who will be joining Stewart.
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