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Alexander Berengaut
Alexander A. Berengaut
Partner
Washington +1 202 662 5367 aberengaut@cov.com Download V-card

Alex Berengaut represents clients in civil litigation, international arbitrations, and government enforcement proceedings. He has handled a range of arbitral proceedings and U.S. court litigation matters, including at trial, 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.
  • 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.
  • 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)