Associate Managing Director; Co-Chair, Kroll CFIUS Advisory Practice Investigations and Disputes, North America
Daniel (“DJ”) Rosenthal is an Associate Managing Director in Kroll’s Investigations and Disputes practice, based in the Washington, D.C. office. DJ is also the co-Chair of Kroll’s CFIUS (Committee on Foreign Investment in the United States) practice. DJ’s unique background of service with the White House, U.S. Department of Justice, the Intelligence Community, the U.S. judicial system, and private law practice gives him an invaluable perspective from which to assist Kroll’s global clients on complex risk-related matters, including cyber security, internal investigations, and privacy concerns. Under DJ’s leadership, Kroll’s CFIUS practice has assisted companies and their counsel at all stages of a CFIUS review, including due diligence on prospective investors in U.S. businesses, strategic advisory services concerning potential U.S. government national security concerns and ways to mitigate them, and service as a CFIUS-approved third party to assist in implementing and ensuring compliance with mitigation agreements between transacting parties and the U.S. government.
Prior to joining Kroll, DJ was a well-known and highly respected senior leader in the Obama Administration, where he most recently served as a White House counterterrorism and cyber security official. In this role, he regularly advised the President, the National Security Advisor, and other senior Administration officials on a range of critical national security matters, including emerging cyber threats and the private sector’s expanded use of new encryption technologies. In his role as Director for Counterterrorism, DJ was responsible for the U.S. government’s response to numerous threats and policy challenges posed by international terrorism, including various high-stakes and extremely sensitive operational matters. DJ was also responsible for advancing one of the President’s most publicly debated policy priorities – the closure of the detention facility at Guantanamo Bay.
Prior to his service at the White House, DJ served in the U.S. Department of Justice as Senior Counsel to the Assistant Attorney General for National Security, where he regularly advised the Attorney General and others on a range of sensitive national security matters. In that role, DJ served as the chief advisor to the Assistant Attorney General for National Security on international transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS), and license applications pending before the Federal Communications Commission and subject to review by relevant national security agencies (“Team Telecom”), as well as matters involving the imposition of mitigation to address national security risks posed by foreign ownership, control, or influence (FOCI). Moreover, DJ helped develop and manage the U.S. government’s response to the unauthorized disclosures of government surveillance programs in 2013, including with regard to policy debates concerning the future of government surveillance, litigation challenging the legality of the programs, and intense public, congressional, and governmental scrutiny and criticism. DJ was asked to lead a team of officials to develop for the President a comprehensive analysis of alternatives to the National Security Agency’s “bulk telephone metadata” program that appropriately balanced national security and privacy and civil liberties. The team’s efforts culminated in the President’s decision to support an alternative that addressed numerous privacy and civil liberties concerns, ultimately embodied in the USA FREEDOM Act. Before joining the Department of Justice, DJ served as a senior legal counsel in the Office of the Director of National Intelligence, which oversees the activities and budgets of the 17 departments and agencies that comprise the United States Intelligence Community. There, he gained significant insight into the inner working of the government’s national security apparatus, including its decision-making with regard to engagements with the private sector and its interactions with Congress.
Early in his legal career, DJ clerked for the Honorable Judge Alan Kay and the Honorable Judge Ricardo M. Urbina of the U.S. District Court for the District of Columbia. He later was a Senior Associate in the securities enforcement and litigation practice at the law firm of WilmerHale in Washington, D.C., where he advised and managed internal investigations on behalf of Fortune 500 companies, large banking institutions, private equity firms, hedge funds, and private individuals in crisis response relating to congressional and regulatory scrutiny of their business practices during the financial crisis of 2007-2008.
DJ serves on the faculty of the University of Maryland’s Honors College, where he developed and teaches an award-winning course on national security dilemmas, which covers numerous national security topics, including the use of armed drones and enhanced interrogation in counterterrorism operations, efforts to safeguard classified information from leaks, and other insider threats and cyber security. DJ is also currently a Senior Fellow with the Center for Cyber and Homeland Security at the George Washington University, and serves as a professional mentor with the Fortis Society’s Future Leaders Foundation, which offers fellowships to exceptional young leaders who come from families living below the poverty level in their home country and are the first person in their family to attend college.
- “On CFIUS Reform, We Must Proceed with Caution,” Law360, September 15, 2017.
- “Don’t Shut Down Foreign Investment in the Name of Security,” co-author with Daniel E. Karson, DefenseOne, January 19, 2017.
- “Tips for Increasing the Chances of CFIUS Approval,” Law360, October 19, 2016.
EDUCATION & CERTIFICATIONS
- J.D., George Washington University Law School
- B.A., University of Maryland, Honors College
- Admitted to Maryland State Bar, District of Columbia Bar, and United States District Court for the District of Columbia Bar