Photo of Michael L. Diakiwski

Education

J.D., Georgetown University Law Center; Dean's Certificate

B.S., Providence College

Bar and Court Admissions

District of Columbia Bar

New York Bar

Michael's practice focuses on cybersecurity and data privacy, national and homeland security enforcement and investigations, and complex issues at the intersection of law, technology, and policy. He draws on his experience as a former official with the U.S. Department of Homeland Security, where he advised the Secretary, General Counsel, and senior leadership on high-profile legal, policy, and legislative matters impacting nearly every sector of the economy.

Michael is a contributing author to the “Cybersecurity Risk Management Is a Corporate Responsibility” chapter in the American Bar Association’s 2019 publication, The Lawyer’s Corporate Social Responsibility Deskbook.

Representative Experience

  • Counsels technology, communications and satellite companies, critical infrastructure owners and operators, business associations, government contractors, and others on a variety of regulatory compliance, enforcement, and litigation matters.
  • Advises organizations on cyber incident response and managements. Assists with the drafting and development of incident response plans and policies.
  • Develops governance structures to help senior executives manage cyber and security risks.
  • Drafts comments and white papers related to major executive agency proceedings on leading edge topics ranging from the Internet of Things (IoT) to security frameworks, privacy proposals, and novel spectrum proposals.
  • Reviews data protection, privacy, and national security laws, and emerging legislative proposals, to help clients navigate complex statutory, regulatory, and policy regimes.
  • Assists companies in addressing cyber and infrastructure protection issues, including cooperating with law enforcement investigations and non-regulatory information sharing mechanisms.
  • Responds to congressional and executive agency investigations into security issues and vulnerabilities.
  • Advises clients on various issues related to public safety and emergency preparedness programs.

Before joining Wiley Rein, Michael:

  • Advised a cabinet secretary and senior government officials on cybersecurity and infrastructure protection, aviation security, lawful travel and trade, congressional investigations and testimony, and litigation matters.
  • Reviewed complex draft federal agency rules and regulations to advise senior government officials on issues and stakeholder concerns.
  • Prepared subpoenaed witnesses and coordinated responses to congressional investigations, Inspector General Reports, and U.S. Government Accountability Office Reports.
  • Coordinated an interagency anti-fraud task force made up of U.S. Department of Justice, Executive Office for U.S. Attorneys, and U.S. Department of Homeland Security officials.
  • Participated in foreign investment reviews under the Committee on Foreign Investment in the United States (CFIUS) process.
  • Successfully advocated for an asylum-seeker in federal immigration court.

Professional Experience

  • U.S. Department of Homeland Security
    • Counselor to the Secretary (2016-2017)
    • Attorney-Advisor and Special Assistant to the General Counsel (2015)
    • Confidential Assistant to the General Counsel (2014-2015)
  • Associate, Private Law Practice (2014)
  • Law Clerk, U.S. Senate Committee on the Judiciary (2013)
  • Intern, The White House (2012-2013)
  • Law Clerk, U.S. Department of Justice
    • Environment and Natural Resources Division (2012)
    • Office of the U.S. Pardon Attorney (2012)
  • Legal Intern, New York State Attorney General’s Office, Litigation Bureau (2011)

Affiliations

  • American Bar Association
  • New York State Bar Association
  • Federal Communications Bar Association
  • Alumni Admissions Interviewer, Georgetown University Law Center (2014-Present)
  • Member, White House National Security Leadership Workshop (2016)
  • Graduate, Presidential Appointee Leadership Program (2015)
  • Graduate, U.S. Department of Homeland Security Law Training Program (2015)
  • Finalist, Presidential Management Fellowship (2014)

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