Patrick F. Philbin
Professional Profile
Mr. Philbin's practice focuses on cases involving complex legal issues at both trial and appellate levels. He has represented clients in numerous cases in the federal courts of appeals and the Supreme Court and has argued before the International Court of Justice at The Hague. He has extensive experience challenging federal agency decisions in the courts of appeals and in particular served as one of Verizon Communications Inc.'s primary outside counsel in challenging multiple FCC rulemakings implementing the Telecommunications Act of 1996.
From 2001 to 2005, Mr. Philbin served at the Department of Justice. There, his responsibilities centered on national security, intelligence, and terrorism issues. As a Deputy Assistant Attorney General in the Office of Legal Counsel from 2001 to 2003, Mr. Philbin advised the Attorney General and the Counsel to the President on issues related to the War on Terrorism. As an Associate Deputy Attorney General from 2003 -2005, Mr. Philbin oversaw and managed the national security functions of the Department, including espionage, counterterrorism, and counterintelligence investigations and applications for electronic surveillance under the Foreign Intelligence Surveillance Act. Based on his experience in government, he has been invited to testify before Congress and is regularly invited to speak on legal issues relating to war powers, national security, and the War on Terrorism.
Representative Matters
Select Cases Argued
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Verizon North Inc. v. Engler, 257 F.3d 587 (6th Cir. 2001), challenge to the Michigan Telecommunications Act;
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NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001), challenge to FCC rulemaking; and
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GTE North Inc. v. Strand, 209 F.3d 909 (6th Cir. 2000), defense of jurisdictional ruling in a challenge to the Michigan Telecommunications Act.
Other Distinctions
The Attorney General's Award for Excellence in Furthering the Interests of U.S. National Security, June 2004.
Office of the Secretary of Defense, Exceptional Civilian Service Award for Support to the Secretary of Defense in the War on Terror, October 2002.Seminars
Panelist at symposium, Combating Terrorism: Charting the Course for a New Administration, The Center on Law, Ethics, and National Security, Duke University, April 11, 2008.
Paper, Executive Power and the Benefits of Constitutional Uncertainty, presented at conference: The United States Supreme Court: Contested Constitutional Doctrines, Michigan State University, March 28, 2008.
Testimony before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties; House Committee on the Judiciary; Oversight Hearing on the Reform of The State Secrets Privilege, January 29, 2008.
Testimony before the Senate Committee on the Judiciary; Hearing: "FISA Amendments: How to Protect Americans' Security and Privacy and Preserve the Rule of Law and Government Accountability," October 31, 2007.
Panelist, "FISA Modernization: National Security Surveillance in the 21st Century," Georgetown University Law Center, September 10, 2007.
Testimony before the House Armed Services Committee; Hearing: "Upholding the Principle of Habeas Corpus for Detainees," July 26, 2007.
Testimony before the House Armed Services Committee; Hearing: "The Military Commissions Act of 2006 and the Future of the Detention and Interrogation Facilities at the U.S. Naval Station, Guantanamo Bay, Cuba," March 29, 2007.
Panelist, Study Group on National Security Law and Policy: The Way Forward, Institute of Politics, Kennedy School of Government, February 28, 2007.
Panelist, "Presidential Powers: An American Debate," Center for Law and Security, New York University Law School, April 2006.
Panelist, "King George or Commander-in-Chief? President Bush's Theory of Executive Power and the Constitution," American University Washington College of Law, March 2006.
Prior Experience
U.S. Department of Justice
Associate Deputy Attorney General, June 2003-November 2005
Deputy Assistant Attorney General, Office of Legal Counsel, September 2001-June 2003
Kirkland & Ellis, Washington, D.C.
Partner, 1998-2001; Associate, 1995-1998
