Verified profile

David Feder

Litigation partner at Fenwick & West

David Feder's profile photo
LocationNew YorkUnited States
Current rolePartnerFenwick & West LLP · since Jul 2021
Government service12yrsU.S. Attorney’s Office · Court of Appeals for the Third Circuit · U.S. District Court

About

Dave is a former federal prosecutor who represents tech and life sciences companies in government investigations and complex civil and regulatory litigation. Drawing on his prior experience as Chief of the Cybercrime Unit at the U.S. Attorney’s Office for the District of New Jersey, Dave counsels clients on cybersecurity and privacy matters, including data governance, incident response, and data breach litigation. He also advises DeFi, blockchain and fintech entities on commercial disputes, government data requests, tax controversies and enforcement proceedings, and helps health care companies navigate federal law enforcement investigations.

Before joining Fenwick, Dave spent nearly a decade as an AUSA, where he prosecuted ransomware, hack-to-trade securities fraud, IP offenses, and sophisticated money laundering. He regularly partnered with DOJ’s Computer Crime and Intellectual Property Section, FBI, Secret Service, DHS and IRS, and the cyber components of the SEC, CFTC and FinCEN. Dave was recognized with an Attorney General’s Award, handled and supervised numerous criminal jury trials and Third Circuit arguments, coordinated on discovery and electronic evidence issues, and presented regularly on cybercrime.

Dave clerked for the Honorable Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit and the Honorable Paul A. Crotty of the U.S. District Court for the Southern District of New York. He serves on the Board of Fordham Law’s Alumni Association as well as its Center on Law and Information Policy. He also chairs Fordham’s IP and Information Law Alumni Affinity Group. Additionally, Dave is a member of the USAO-DNJ Defense Lawyers Advisory Committee.

Roles

Jul 2021–Present
Current role

Partner

Fenwick & West LLP

New York, New York

AttorneyCivil LitigationWhite Collar Crime

Counsel: Jul 2021 - Jan 2024

Jun 2019–Jun 2021
Former role

Chief

U.S. Attorney’s Office, Cybercrime Unit

(appointed)New Jersey, District of

AttorneyCybersecurityCybercrime
May 2012–Jun 2019
Former role

Assistant U.S. Attorney

U.S. Attorney’s Office

(appointed)New Jersey, District of

AttorneyLegal AssistantLegal
Jan 2010–Dec 2012
Former role

Associate

Debevoise & Plimpton

AttorneyCivil LitigationLegal Assistance
Jan 2008–Dec 2009
Former role

Law Clerk

Court of Appeals for the Third Circuit

(appointed)

Law ClerkResearchLegal Assistant

Served as judicial law clerk to the Honorable Maryanne Trump Barry, researching and drafting opinions, orders, and bench memoranda.

Jan 2007–Aug 2008
Former role

Law Clerk

U.S. District Court

(appointed)New York Southern District

Law ClerkResearchLegal Assistant

Served as judicial law clerk to the Honorable Paul A. Crotty, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Experience

August 2025

-Successfully defended a publicly traded computer technology manufacturer in a putative class action in district court that alleged consumer protection claims. An appeal is pending. -Defending a global online retailer in privacy-focused consumer class action litigation. -Representing a global health tech company in responding to a ransomware attack and meeting notification obligations. -Advising a publicly traded healthcare company investigated by DOJ for potential Anti-Kickback Statute violations. -Representing a telehealth provider in a federal health care investigation. -Representing an NFT company in responding to federal law enforcement and regulatory inquiries. -Representing a global digital assets exchange in handling requests from U.S. law enforcement. -Representing a late-stage fintech payments startup in a contract dispute. -Representing a DeFi protocol and lending platform developer in a contract dispute. -Advising a DeFi investment platform in an investigation conducted by a court-appointed receiver. -Representing a global industrial software company in an internal investigation of potential sanctions issues. -Advising a multinational software company in compliance and data management issues. -Representing a crypto payments provider in an arbitration involving breach of contract claims.

Recognition

Honors

Leading global cyber lawyer

Lawdragon

February 2024

Media, Technology and Telecoms: Cyber Law (including data privacy and data protection)

The Legal 500

April 2023

Honorable Patty Shwartz Leadership Award

U.S. Attorney’s Office for the District of New Jersey

July 2020

Recognized by the U.S. Attorney’s Office for the District of New Jersey with the Honorable Patty Shwartz Leadership Award.

Distinguished Service

Attorney General’s Award

July 2015

Publications & speeches

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

Fenwick Insights

August 2025

Link

DOJ Unpauses FCPA Enforcement with New Limits

Fenwick Insights

August 2025

On February 10, 2025, the president signed an executive order that paused investigation and enforcement of the FCPA for a period of 180 days, required the DOJ to review any existing FCPA investigation or prosecution, and to issue new guidelines and policies as appropriate to adequately promote the president’s constitutional foreign policy authority and “prioritize American interests, American economic competitiveness with respect to other nations, and the efficient use of Federal law enforcement resources.”

Link

DOJ Announces Key Revisions to Corporate Enforcement and Voluntary Self-Disclosure Policy

Fenwick Insights

May 2025

On May 12, 2025, the Head of the Department of Justice’s (DOJ) Criminal Division, Matthew Galeotti, announced a new white collar enforcement plan in a memorandum entitled “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime.” The new memorandum and accompanying public remarks by Galeotti unveiled key changes to the division’s Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) that provide greater incentives for corporations to investigate and voluntarily self-disclose conduct by employees that violates federal criminal laws and cooperate with DOJ investigations. This alert summarizes these changes to the CEP and assesses how they may impact the calculus for companies that are considering voluntary self-disclosure.

Link

New Digital Asset Regulatory Framework: Analysis of the Latest Discussion

Fenwick Insights

May 2025

In a significant development for the digital asset industry, Republican lawmakers from the U.S. House Committees on Financial Services and Agriculture have released a comprehensive discussion draft of proposed legislation aimed at establishing a regulatory framework for digital assets. This draft, which builds upon previous legislative efforts including the Financial Innovation and Technology for the 21st Century Act (FIT21), represents the latest attempt to provide regulatory clarity in the rapidly evolving digital asset space.

Link

DOJ Memo Refocuses Digital Assets Enforcement Priorities, Dissolves Crypto-Enforcement Unit

Fenwick Insights

April 2025

On April 7, 2025, the Department of Justice (DOJ) released a memo for all department employees titled “Ending Regulation By Prosecution.” The memo articulates enforcement priorities consistent with recent executive orders, provides charging considerations for future cases, explores compensating victims of crimes involving digital assets, refocuses DOJ resources away from crypto and dissolves DOJ’s crypto-enforcement unit, and confirms DOJ’s involvement in the President’s Working Group on Digital Asset Markets.

Link

Compliance Implications of Data Privacy and Cybersecurity

Seton Hall Law School Gaming, Compliance & Integrity Bootcamp

February 2023

Panelist

Cybersecurity Trends and Practical Advice

Fenwick CLE Speaker Series

February 2023

Presenter

Advising the Board and Executive Team

TechGC 2022 Global Summit

April 2022

Moderator

Hot Topics in Cybersecurity Explained

Fordham University School of Law

May 2021

Moderator

Data Storage Done Right

New Jersey State Bar Association, Corporate Counsel in 2021 Program

September 2021

Presenter