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- Home
- Professionals
- Alexander A. Berengaut
Alex Berengaut represents clients in civil litigation, international arbitrations, and government enforcement proceedings. He has handled a range of arbitral and U.S. court proceedings, including eight trials, and focuses on disputes involving cross-border issues. Mr. Berengaut's representations have included matters for clients in the technology, defense, energy, and financial services sectors. He currently represents several leading technology companies in litigation and compliance matters relating to electronic surveillance, cybersecurity, and data privacy.
Civil Litigation and Government Enforcement Proceedings
- Representation of Microsoft in its landmark challenge to the government’s attempt to compel disclosure of customer emails stored in Ireland using a search warrant. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the Cloud Act, a modernized framework for cross-border data requests.
- Lead counsel to Bank of America Merchant Services for disputes arising out of cybersecurity incidents experienced by its merchant customers involving payment card data.
- Representation of Microsoft in its constitutional challenge to the statute that allows courts to forbid technology companies from informing their customers about government demands for their private emails and documents. The lawsuit resulted in nationwide reform of the government's practices under the statute.
- Representation of a leading technology company in a commercial dispute arising out of a national security review by the Committee on Foreign Investment in the United States (“CFIUS”).
- Representation of Microsoft in its First Amendment challenge in the Foreign Intelligence Surveillance Court to restrictions on disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands their data.
- Representation of Microsoft in its constitutional challenge to a “national security letter” issued by the FBI, resulting in the withdrawal of the letter.
International Arbitration
- Obtained arbitral award on behalf of Spanish shareholders in the Yukos Oil Company establishing that the Russian Federation expropriated the company. Renta 4, et al. v. The Russian Federation (Arbitration Institute of the Stockholm Chamber of Commerce).
- Secured a $63 million award for Tidewater, the oil services company, in its arbitration against the government of Venezuela. Tidewater Inc. et al. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5).
- Served as Secretary to Ambassador Stuart E. Eizenstat in his capacity as member of the tribunal for the first ever international arbitration filed under the Dominican Republic-Central America Free Trade Agreement. Railroad Development Corporation (RDC) v. Republic of Guatemala (ICSID Case No. ARB/07/23).
Pro Bono
- Representation of the University of California and its President, Janet Napolitano, in litigation challenging the rescission of the Deferred Action for Childhood Arrivals ("DACA") program.
- Representation of indigent criminal defendants in trial proceedings in state and federal court.
Australia Passes Cross-Border Data Access Law, Creates a Pathway for CLOUD Act Bilateral Agreement
July 2, 2021, Inside Privacy
On June 24, 2021, Australian parliament passed legislation establishing a framework for its enforcement agencies to access certain electronic data held by companies outside of Australia for law enforcement and national security purposes. The law paves the way for the establishment of a bilateral agreement with the United States under the U.S. Clarifying Lawful ...
June 4, 2021, Inside Privacy
Yesterday the Supreme Court issued a decision in Van Buren v. United States, No. 19-783, ruling that a police officer did not violate the Computer Fraud and Abuse Act (“CFAA”) when he obtained information from a law enforcement database that he was permitted to access, but did so for an improper purpose. In so ruling,... Continue Reading…
January 27, 2021, Covington Alert
The Panel of Recognised International Market Experts in Finance (or “PRIME Finance”) announced last week a consultation on updates to its arbitration rules (the “PRIME Rules”), which were last updated in 2016 (the “2016 Rules”). The newly proposed rules (the “Proposed Rules”) will apply to disputes under previously concluded PRIME Finance arbitration agreements, ...
July 6, 2020, Inside Privacy
Senators Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.) and Marsha Blackburn (R-Tenn.) have introduced the Lawful Access to Encrypted Data Act, a bill that would require tech companies to assist law enforcement in executing search warrants that seek encrypted data. The bill would apply to law enforcement efforts to obtain data at rest as well as... Continue ...
June 24, 2020, Inside Privacy
On June 16, 2020, the First Circuit released its opinion in United States v. Moore-Bush. The issue presented was whether the Government’s warrantless use of a pole camera to continuously record for eight months the front of Defendants’ home, as well as their and their visitors’ comings and goings, infringed on the Defendants’ reasonable expectation... Continue ...
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
Supreme Court Preserves DACA
June 18, 2020
WASHINGTON—The Supreme Court of the United States, in a 5-4 ruling, struck down the Trump Administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program, which provides individuals who were brought to the U.S. as children the opportunity to live and work legally in United States. Covington has represented the University of ...
April 23, 2020, Covington Alert
On April 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” (the “Proclamation”). The Proclamation prohibits, for 60 days beginning on April 23, 2020, individuals who are currently outside the United States from ...
April 1, 2020, Inside Privacy
On March 31st, Washington Governor Jay Inslee signed into law SB 6280, a bill aimed at regulating state and local government agencies’ use of facial recognition services. An overview of the law’s provisions can be found here. Notably, Governor Inslee vetoed Section 10 of the bill, which aimed to establish a legislative task force that... Continue Reading…
March 23, 2020, Inside Privacy
On March 12, 2020, Washington’s state legislature passed SB 6280, a bill that will regulate state and local government agencies’ use of facial recognition services (“FRS’s”). The bill aims to create a legal framework by which agencies may use FRS’s to the benefit of society (for example, by assisting agencies in locating missing or deceased... Continue Reading…
October 11, 2019, Inside Privacy
On October 3, 2019, the United States and United Kingdom signed an agreement on cross-border law enforcement demands for data from service providers (“Agreement”). The Agreement is the first bilateral agreement to be entered under the Clarifying Lawful Overseas Use of Data (CLOUD) Act. It obligates each Party to remove barriers in their domestic laws... ...
August 28, 2019, Covington Alert
On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."
SCOTUS Will Decide The Fate Of DACA In The Fall
June 28, 2019, NPR
Alexander Berengaut spoke with AirTalk about the Supreme Court’s decision on the fate of DACA.
June 27, 2019, Legaltech News
Alex Berengaut spoke with Legaltech News about a U.S. Court of Appeals for the D.C. Circuit’s decision to allow plaintiffs to sue for risk of harm, as opposed to actual harm after a data breach. According to Mr. Berengaut, while the U.S. Office of Personnel Management decision doesn’t change the nature of the split, the case may “pique the Supreme Court’s ...
The National Law Journal - General Litigation Winner
June 3, 2019, The National Law Journal
Alexander Berengaut is quoted in The National Law Journal's feature on the firm's General Litigation Winner recognition. Discussing the firm's litigation challenging the rescission of the Deferred Action for Childhood Arrivals (DACA) program, Mr. Berengaut says Covington frequently litigates against the federal government in administrative law contests on behalf ...
April 25, 2019, Inside Privacy
When the U.S. government conducts electronic surveillance, there are a variety of legal authorities on which it relies. The Wiretap Act, for example, authorizes the government to conduct live telephone wiretaps in certain criminal investigations; for electronic data, the Act also permits the government to acquire electronic communications in real time. The ...
April 11, 2019, Inside Privacy
On Wednesday, the U.S. Department of Justice released a white paper and FAQ on the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which was enacted in March 2018 and creates a new framework for government access to data held by technology companies worldwide. The paper, titled “Promoting Public Safety, Privacy, and the Rule of... Continue Reading…
April 6, 2019, Inside Privacy
This article originally appeared in Global Data Review on March 29, 2019 Last year, the US passed legislation expanding the geographic reach of certain legal process, including search warrants, issued to technology providers seeking customer data. Under the Clarifying Lawful Overseas Use of Data (CLOUD) Act, warrants issued by US courts can force certain ...
October 29, 2018, Law360
Alexander Berengaut and Tarek Austin discuss litigation options for companies and individuals who have experienced a cyberattack and legislation around cybersecurity.
August 17, 2018
WASHINGTON— Law360 named Covington lawyers Alexander Berengaut, Michael Nonaka, and Ursula Owczarkowski to its list of “2018 Rising Stars.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Alex Berengaut represents clients in civil litigation, international arbitrations, and government enforcement ...
May 15, 2018, The Recorder
The Recorder highlights Covington's representation of the Regents of the University of California system in its challenge to the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. This article provides key takeaways from the oral arguments before the U.S. Court of Appeals for the Ninth Circuit on May 15.
What You Need To Know As 9th Circ. Hears DACA Challenge
May 11, 2018, Law360
Alexander Berengaut and Jeffrey Davidson are quoted in a Law360 article regarding upcoming oral arguments related to the DACA challenge in which Covington represents the University of California. “Our case and its companion cases in other districts aren't about politics but, again, based on the law of how government decisions are supposed to be made,” says ...
May 11, 2018, La Opinión
Jeffrey Davidson and Alexander Berengaut are quoted in a La Opinión article regarding Covington's representation of the University of California in a lawsuit challenging the federal government's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program.
May 2, 2018
SAN FRANCISCO—The National Law Journal has named Covington to its “Pro Bono Hot List.” The 2018 special report recognizes 14 firms who “have taken on some of the biggest issues of our time.” In its profile of the firm, The National Law Journal highlights Covington’s pro bono efforts, led by San Francisco partner Jeffrey Davidson, on behalf of the University of ...
May 2018, The National Law Journal
Covington was named to The National Law Journal's "Pro Bono Hot List" for its representation of the University of California in challenging the government’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. "To be in court standing up for 700,000 immigrants, I don't know that there's anything quite like that. For them, it's not a legal ...
April 4, 2018, TR Daily
Alex Berengaut participated on a panel at an event hosted by the Center for Strategic & International Studies to discuss the recently enacted Clarifying Lawful Overseas Use of Data (CLOUD) Act. As TR Daily notes, Berengaut indicated that the CLOUD Act eventually would reduce conflicts between U.S. authorities and service providers because it anticipates that the ...
March 27, 2018, Covington Alert
On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.
Gun Reform And School Safety Are Hot Topics For Lawmakers & The Uncertain Future of The Dreamers
March 7, 2018, Florida Public Radio
Alexander Berengaut appeared on Florida public radio to discuss his representation of the University of California, one of the plaintiffs in the case challenging the Trump Administration's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program.
February 27, 2018, Inside U.S. Trade
Alexander Berengaut recently spoke at an event hosted by the Representative of German Industry and Trade to discuss an amicus brief submitted by twelve U.S. business and tech associations warning that a decision against Microsoft in United States vs. Microsoft Corp. would undermine the U.S. cloud computing industry and create conflicting legal regimes for ...
Covington Secures Injunction of DACA Rescission
January 9, 2018
SAN FRANCISCO—Covington secured a victory on behalf of its clients the University of California and UC President Janet Napolitano when Northern District of California Judge William Alsup issued a nationwide injunction blocking the federal government’s effort to shut down the Deferred Action for Childhood Arrivals program (DACA). On September 5, 2017, the ...
October 24, 2017
WASHINGTON—As the result of a high-profile First Amendment challenge to the federal statute invoked by law enforcement to impose gag orders on technology companies, Microsoft, and its counsel Covington and Davis Wright Tremaine, have secured landmark reform of the U.S. Department of Justice's approach to digital surveillance. Covington and Davis Wright Tremaine ...
October 24, 2017, The Litigation Daily
Jim Garland and Alex Berengaut are quoted by The Litigation Daily in an article regarding the role Covington and co-counsel Davis Wright played together on behalf of Microsoft that led to a groundbreaking policy memo from Deputy Attorney General Rod Rosenstein curbing the government's use of gag orders on tech companies. “It’s not always the case that the tech ...
September 8, 2017, The New York Times
Alex Berengaut is quoted by The New York Times in an article regarding the lawsuit filed by the University of California system against the Department of Homeland Security regarding the decision to end the Deferred Action for Childhood Arrivals (DACA) program. Berengaut, a member of the Covington team representing former Secretary of Homeland Security Janet ...
August 22, 2017, Bank Info Security
Alex Berengaut's Law360article weighing the constitutionality of the Marcus Hutchins indictment is cited in a Bank Info Security story examining questions raised by the case. According to Berengaut, it's not clear that federal prosecutors have a right to bring charges against Hutchins.
Code Linked to MalwareTech and Kronos Published in 2009
August 21, 2017, Security Week
Alex Berengaut's Law360 article on the constitutionality of the Marcus Hutchins indictment is cited in a Security Week story examining recent case developments. “Since Hutchins’ indictment, commentators have questioned whether the creation and selling of malware—without actually using the malware—violates the two statutes under which Hutchins was charged: the ...
August 21, 2017, Becker's Hospital Review
Alex Berengaut's Law360 article regarding the constitutionality of the Marcus Hutchins indictment is heavily cited in this Becker's Hospital Review article. As Berengaut notes, the indictment "does not articulate a clear nexus between [Mr.] Hutchins and the United States."
September 20, 2016
WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...
July 25, 2016, Covington Alert
Search warrants served on U.S. Internet companies and cloud service providers cannot obtain customer data stored overseas, the U.S. Court of Appeals for the Second Circuit ruled on July 14. The federal appellate decision focuses on warrants issued under the federal Electronic Communications Privacy Act (“ECPA”) and formally applies only in the Second Circuit, ...
July 14, 2016
WASHINGTON—The U.S. Court of Appeals for the Second Circuit has ruled in favor of Covington’s client Microsoft Corporation in its challenge to a U.S. warrant seeking customer emails stored in Ireland. Microsoft argued that the warrant—issued under the Electronic Communications Privacy Act (ECPA)—could not be used to obtain emails stored abroad because it would ...
June 16, 2016
WASHINGTON—Legal Bisnow has named Covington partner Alexander Berengaut to its 2016 “Top 40 Lawyers Under 40” list. Mr. Berengaut focuses on international arbitration, civil litigation, and government enforcement proceedings. He has experience handling a range of arbitral proceedings and U.S. court litigation matters, including at trial, and has significant ...
Covington Promotes Nine New Partners
October 1, 2015
WASHINGTON, DC, October 1, 2015 - Covington has elected nine of its lawyers to partnership. “We are delighted to welcome our new partners, who exemplify the spirit and substance of Covington,” said Timothy Hester, chair of the firm’s management committee. “This partnership class reflects our focus on the firm’s core practice strengths. We are confident that ...
9/11/2014
WASHINGTON, DC, September 11, 2014 — The Stockholm District Court today dismissed the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the ...
Covington Wins Major Victory for Spanish Funds in Claim Against Russia Over Nationalization of Yukos Oil
July 26, 2012
WASHINGTON, DC, July 26, 2012 — An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company, one of the largest oil and gas companies in the world. The Spanish investors sought compensation under the bilateral investment treaty between Spain and the ...
- Law360, Cybersecurity & Privacy "Rising Star" (2018)
- Legal 500 US, Energy - Litigation (2016)
- Legal 500 US, Cyber Law (2016)
- Legal 500 US, Technology: Data Protection and Privacy (2016)
Practices
Education
Harvard Law School, J.D., 2007
Cambridge University, M.Phil., 2004
Columbia College, B.A., 2003
Bar Admissions
- District of Columbia
- New York
- U.S. District Court, District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Supreme Court
Key Takeaways: DOJ Releases White Paper on CLOUD Act
On April 10, 2019, the U.S. Department of Justice released a white paper and FAQ on the CLOUD Act.