Alex Haas is counsel in the Business Litigation Practice Group in King & Spalding’s Washington, D.C., office. Mr. Haas joined King & Spalding in 2011 after spending eight years at the U.S. Department of Justice. His practice focuses on complex civil litigation and government or regulatory investigations. He also provides advice on national security-related issues including counseling an Internet Service Provider on surveillance and national security issues and legal issues related to FISA and the ECPA and providing guidance on DOJ cybersecurity investigation and prosecution procedures. Mr. Haas is a member of the National Defense Industrial Association and writes regularly on cybersecurity issues.
Prior to joining the firm in 2011, Mr. Haas spent eight years at the U.S. Department of Justice. Most recently, Mr. Haas served as Counsel for National Security Law and Policy in the National Security Division’s Office of Law and Policy. There, he provided advice and drafted guidance to senior leaders in the Department, Division, and within the Intelligence Community on legal questions concerning the most sensitive national security, privacy, telecommunications, law enforcement, and intelligence issues facing the Federal Government. He developed particular expertise regarding the scope of U.S. legal authorities under, inter alia, the Electronic Communications Privacy Act, Foreign Intelligence Surveillance Act, USA PATRIOT Act, and Wiretap Act as well as the Department of Justice’s related legal responsibilities. Mr. Haas was selected to be a founding member of the National Security Division’s Appellate Section and litigated or provided guidance on national security related litigation impacting the Federal Government and private sector. While at the National Security Division, Mr. Haas also participated in numerous interagency policy initiatives including efforts to modernize the United States’ export control regulations and to update internal Executive Branch policies concerning national security and/or investigative authorities.
Before joining the National Security Division, Mr. Haas developed substantial experience as a civil litigator in the Civil Division, first as a Trial Attorney in the Federal Programs Branch, and later as Counsel to the Assistant Attorney General. In those positions, Mr. Haas served as the government’s lead or co-counsel in a number of complex, landmark suits defending against constitutional challenges to federal statutes, suits to overturn government policies and programs, challenges to the legality of the decisions or actions of federal officials, and attempts to obtain government information including in qui tam actions brought against defense contractors. In addition, Mr. Haas handled several sensitive whistleblower-related employment cases as well as presenting the government’s position in a number of privacy-related civil class actions under federal laws such as the Electronic Communications Privacy Act and Stored Communications Act. Mr. Haas also acquired considerable experience in affirmative litigation challenging state laws and state regulatory actions on federal preemption grounds. Mr. Haas has significant courtroom experience and has personally argued over twenty dispositive motions, including motions to dismiss and for summary judgment, in federal and state courts across the United States.
As Counsel to the Assistant Attorney General, Mr. Haas advised the Assistant Attorney General and other senior leaders in the Civil Division on a wide range of matters involving the False Claim Act, Bivens liability, the Federal Tort Claims Act, and Defense Base Act issues. He received four Special Commendation Awards for his work from the Assistant Attorney General for the Civil Division.
Before joining the Department of Justice, Mr. Haas was a law clerk for the Honorable Andrew J. Kleinfeld on the U.S. Court of Appeals for the Ninth Circuit in Fairbanks, Alaska. He also served as a summer intern for the Honorable Charles A. Legge of the U.S. District Court for the Northern District of California.
Publications & Events
- DOD Finalizes Rule Requiring Contractors to Protect Certain Unclassified Information (forthcoming, National Defense Magazine)
- E-learn Presentation, NIST Cybersecurity Framework (Nov. 7, 2013)
- Post-DOD Interim Whistleblower Rule, Expect More Enforcement (Oct. 16, 2013)
- Moderator, Cybersecurity and Critical Infrastructure Protection (May 21, 2013)
- E-learn Presentation, New Focus by US and EU on Cybersecurity Frameworks – Is Your Company At Risk? (April 18, 2013)
- Energy Newsletter, Cybersecurity Efforts to Secure Critical Infrastructure including the Energy Sector Advance in the United States and European Union (Mar. 1, 2013)
- European Commission Publishes Cybersecurity Strategy and a Proposed Directive on Network and Information Security (Feb. 22, 2013)
- The Metropolitan Corporate Counsel, President Obama Issues Executive Order on Cybersecurity (Feb. 22, 2013)
- D.C. Circuit’s Invalidation of President Obama’s Recess Appointments Raises Questions Concerning Actions Taken by the CFPB’s Director (Feb. 7, 2013)
- Cybersecurity Provisions Enacted under 2013 National Defense Authorization Act (Jan. 7, 2013)
- Chipping Away at State Tort Remedies Through Pre-emption Jurisprudence: Geier v. American Honda Motor Company, 89 Calif. L. Rev. 1927 (2001)
- The Wellcome Trust’s Disclosures of Gene Sequence Data into the Public Domain & the Potential for Proprietary Rights in the Human Genome, 16 Berkeley Tech. L.J. 145 (2001)