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Future of Disputes North America: Lifecycle of a Cyber-attack

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Cybersecurity threats and risks are increasing each day and companies are extremely cognizant of the critical issues involved – from making sure that company data complies with vigorous and ever-changing regulations, to dealing with cyber threats, breaches and ransomware attacks.

In our Future of Disputes virtual program, former Manhattan District Attorney and Global Chair of Baker McKenzie’s Cybersecurity Practice, Cyrus Vance, Jr. led a discussion with Baker McKenzie practitioners in North America discussing the life cycle of a cyber-attack, including cyber insurance, privacy notification obligations, investigations, and post-event litigation. The program also addressed:

  1. Key local, national and international cybersecurity trends, including what’s on the horizon with ransomware.
  2. Changes to the regulatory and enforcement landscape, including the role of CISA given the new federal requirements for reporting cyber and ransomware matters.
  3. Data protection trends in the US and abroad.
  4. The importance of public/private partnerships in creating measurable solutions to decrease cyber risk.
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Author

Cyrus Vance Jr. is a partner in Baker McKenzie's North America Litigation and Government Enforcement Practice as well as the Firm's Global Investigations, Compliance & Ethics Practice. He is based in New York and serves as Global Chair of the Cybersecurity Practice. Prior to joining Baker McKenzie, Cyrus served three consecutive four-year terms as Manhattan District Attorney. In this role, he oversaw a team of more than 600 prosecutors handling landmark criminal prosecutions and more than 100,000 cases each year, including investigations and prosecutions of complex, high-profile white collar and business crimes both in the US and internationally, coordinating with global crime-fighting partners including City of London Police, Paris Prosecutors’ Office, Singapore Attorney General, Europol, and Interpol. Cyrus is a Fellow of the American College of Trial Lawyers. Throughout his career, he has been a visible and vocal advocate on a range of justice issues. He is a sought-after speaker and author, and has testified multiple times before the US Congress and state agencies.

Author

Bradford Newman is a litigation partner resident in Baker McKenzie's Palo Alto Office and Chair of the North America Trade Secrets Practice. According to Chambers USA, Brad is a "recognized authority on trade secrets cases" who "is valued for his tenacious, intelligent and thoughtful approach to trade secrets matters." Bradford regularly serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secrets cases in state and federal courts throughout the country. He routinely advises and represents the world's leading technology, banking, professional service, manufacturing and commerce companies in connection with their most significant data protection and trade secret matters. Bradford is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft.

Author

Teresa H. Michaud advises on all aspects of dispute resolution, primarily complex business disputes, class actions, intellectual property and international arbitration. She is the co-chair of the North American Class Action Subgroup and serves as a member of the Global Steering Committee of the Firm's Technology, Media & Telecommunications (TMT) Industry Group. She is admitted to practice in California, Texas and New York, and qualified in England and Wales. She is a Certified Information Privacy Professional/United States (CIPP/US). Teresa is also one of the founding members of our Los Angeles office that opened in 2018.

Author

Nick Merker provides practical, actionable privacy compliance and cybersecurity incident response counseling from the lens of a practitioner with a ten-year, pre-law computer systems, network, and security engineering background. Nick is a computer scientist by trade and, prior to becoming an attorney, he led the information security team and program at a large .com. He leverages his deep understanding of Internet architecture, technology systems, and new media to help clients navigate the ever-changing privacy and cybersecurity legal landscape. He is also a sought-after international speaker, teacher, writer and professor on data security and privacy-related legal issues. He has led training and/or presentations at major international conferences, including BlackHat, RSA, TwitchCon, the Global Privacy Summit, Privacy. Security. Risk., the ISSA International Conference, and others. He is also Faculty at the International Association of Privacy Professionals where he leads global privacy trainings to executives, engineers, lawyers and managers. Each Fall, Nick teaches Data Security/Privacy Skills at Indiana University Robert H. McKinney School of Law, a class focused on providing law school students the skills necessary to actually practice in this area.

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