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Demystifying Evolving Cyber Law

Date Venue Presentations
Wed, Jun 20th, 2012 2:00pm
Wed, Jun 20th, 2012 5:00pm
Orrick, Herrington & Sutcliffe
51 W. 52nd Street @ 6th Avenue
New York, New York 10019
Check back after this event.
Register: Click here to Register

Cyber attacks continue in 2012 to pose threats to business and critical governmental and private sector infrastructure systems. It was reported on June 6th, for example, that as many as 6 million LinkedIn account records were compromised by a cyber attack.

In some cases, the attacks have been against the computing systems of corporate entities that greatly contribute to or comprise our nation’s financial infrastructure. In other cases, the impact was extensive enough to impact the financial or personal data of millions of U.S. citizens.

As to be expected, regulators are stepping up the effort to promote legislation and issue guidance with the intention of preserving our nation’s cyber systems and critical infrastructure.

However, as it is with evolving legislation, rules will require some interpretation and vetting in the community prior to widespread adoption, but organizations will still be expected to demonstrate diligence with respect to these areas, especially in the event of a security incident.

The intent of this session is to provide clarity as it pertains to evolving legislation and guidance as it pertains to cyber security.


Session Title Cyber Security Risk Disclosure and SEC Compliance
Start Time – End Time 2:15 – 2:45
Session Description Last fall, the SEC issued a memorandum summarizing “Disclosure Guidance” regarding cyber security risk. While the guidance did not modify existing rules or create new SEC rules, it has led to substantial discussion about how companies might consider the application of existing disclosure rules in the context of cyber security risks and cyber incidents (i.e. SEC requirements regarding risk factors, MD&A, legal proceedings, disclosure controls, etc.,) This session explores how companies are reacting to guidance. For example:

  • Industry specific practices?
  • Weather it is better to be proactive or take a “wait and see” approach?
  • How general or specific should disclosure be?
  • Should cyber risk be called out specifically or encompassed within other disclosures?
Speakers Kenneth Herzinger – Partner – Orrick
Bio(s) Ken Herzinger,a partner in Orrick’s San Francisco office, is a memberof the Securities Litigation and Regulatory Enforcement Group. Mr.Herzinger’s practice focuses on SEC and related criminal investigations

and enforcement actions, securities class actions, M&A litigation and

derivative suits, internal investigations and compliance counseling. Mr.

Herzinger’s clients include: Intel Corporation, Oracle Corporation,

Chesapeake Energy Corporation, Morgan Stanley Smith Barney, LLC,

PricewaterhouseCoopers LLP, and RS Investment Management.

Session Title Legal Developments in the Fight Against Cybercrime
Start Time – End Time 2:45 – 3:45
Session Description In the first half of 2012 several decisions regarding the Computer Fraud & Abuse Act (in the civil context) and the Economic Espionage Act (in the criminal context) have significantly pared back the scope of the statutes, with implications for law enforcements against cybercrime. At the same time, the have been a number of novel civil and criminal actions directed at disrupting cybercrime operations and legislative proposals to enable more robust investigations of cybercrime activities. This session provides a survey of these developments in the law.
Speakers Joseph P. Facciponti – Assistant United States AttorneyPaul Gupta – Partner, Intellectual Property – OrrickGabe Ramsey – Partner, Intellectual Property – Orrick

Joseph V. DeMarco – Partner, DeVore & DeMarco LLP

Bio(s)  Joseph P. Facciponti,has been an Assistant United States Attorney at the U.S. Attorney’s Office for the Southern District of New York for over 6 years.  He is currently a member of the Computer Hacking and Intellectual Property section of the Office’s Complex Frauds Unit, where he is primarily responsible for investigating intellectual property violations and other computer offenses, as well as a variety of white collar crimes.  In 2010, he received an FBI Director’s award for outstanding cybercrime investigation for his participation in an investigative team that disrupted a serious online hacking group.  Prior to joining the U.S. Attorney’s Office, he clerked for two federal judges and was an associate at Sullivan & Cromwell LLP.  He received his law degree from Cornell Law School and his undergraduate degree from Yale University.Paul Gupta is a litigation partner in the New York and Silicon Valley offices of Orrick, Herrington & Sutcliffe LLP. Hs is a member of Orrick’s 150-lawyer Intellectual Property Group.  He represents Fortune 500 and other companies in federal courts throughout the nation.  Paul primarily handles IP, IT and antitrust matters for internet, computer, telecommunications, financial services and energy clients.  He is currently or has recently been lead counsel in litigation pending in district courts in California, Delaware, Massachusetts, New Jersey, New York, Texas and Virginia.

The Chambers Client’s Guide has noted that that he is considered to be “a zealous advocate for his clients,” “a great negotiator and strategist,” and is “renowned for his work in the technology arena.” Paul regularly lectures at CLE programs, and he frequently has been quoted in the media about his cases and legal news. He is a graduate of Yale College and Harvard Law School.

Gabe Ramsey, a partner in the Silicon Valley office of Orrick, a member of the Intellectual Property Group and a leader of the Entertainment and Gaming Group and the Internet Safety, Security and Privacy Group, focuses his practice on intellectual property litigation. In 2012, Mr. Ramsey was named one of the top 75 IP litigators in California by The Daily Journal.

He has substantial experience in high technology- and entertainment related matters involving copyright, trademark, trade secret and patent law. He has significant experience in carrying out Internet enforcement actions involving cybercrime, fraud and deceptive activity, brand violations, intellectual property infringement and privacy breaches. He also has handled.

Joseph V. DeMarco, is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, Internet gambling, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.


Networking Break

3:45 pm – 4:15

Session Title Federal and State Cyber-Security Legislation and the Candidates Platforms on Cyber-Security
Start Time – End Time 4:15 – 5:00
Session Description In 2012, cyber-security is the subject of focused attention by the presidential candidates as well as federal and state legislators. At least six bills that focus on different aspects of cyber-security have been introduced in the House and three bills are pending in the Senate. One of the more controversial of the bills is the Cyber Intelligence Sharing and Protection Act (CISPA), which has been attacked by privacy groups and the target of a veto threat by the White House. Many state legislatures are also considering a variety of bills with important potential impact on how firms conduct their business and protect their data. This session will survey the platforms of the presidential candidates and the legislative landscape, and the panelists will discuss the likely direction of cyber-security regulation.
Speaker Tom Lahiff – Vigilant, Inc. 
Bio(s) Tom Lahiffis currently external general counsel and corporate secretary to Vigilant, Inc., which provides managed security information and event management services to Fortune 100 companies.  Prior to joining Vigilant, he was a director in the information management practice at PricewaterhouseCoopers, having previously served for 17 years as Vice President and Assistant General Counsel of Citibank, N.A., from 1990 to 2007.While at PwC, Tom helped clients manage the lifecycle of unstructured corporate information to maintain regulatory compliance, manage discovery costs, and leverage intellectual capital. He advised Fortune 100 clients in the transportation, technology, consumer product, and energy sectors on information management.  He also developed tools to help firms manage discovery and outside legal expenses.Cliff Michel, of counsel in the New York office of Orrick, is a member of the Intellectual Property Group.  Mr. Michel concentrates his practice on intellectual property and commercial litigation and licensing for technology companies.  He regularly represents clients in matters concerning patent, trademark, copyright and trade secrets litigation, technology licensing, Internet domain name disputes, securitization of intellectual property, privacy, document retention and information security.

Over the past year, Cliff led a team of Orrick lawyers who served as reporters to The Constitution Project’s Liberty and Security Committee on its report entitled “Recommendations for the Implementation of a Comprehensive and Constitutional Cybersecurity Policy.”