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Cybersecurity and Ransomware - Best Practices and Potential Risks When Working With the FBI


Level: Intermediate
Runtime: 44 minutes
Recorded Date: January 18, 2024
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Agenda

  • Threat Actor Landscape
  • Company Preparation
  • Working with the FBI
  • Public Relations Benefits of FBI Collaboration
  • Gold Standard for FBI Ransomware Investigations
  • FBI Assistance
  • Sanctions
  • Incident Response
  • Sharing Information with Regulatory Agencies
  • Contacting the FBI
  • Investigation Outcomes


For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this panel from the annual "Incident Response Forum Ransomware" event, cybersecurity law experts, including from the FBI, discuss how collaborating with the FBI and law enforcement is crucial for companies combating cyber threats like ransomware.

The panel highlights essential practices and potential risks associated with cybercrime prosecutions and security preparedness. The FBI maintains a victim-focused approach while working with victim-entities to ensure confidentiality and aid in gathering historical evidence on threat actors' responses. The FBI's global network of partners provides valuable technical information and decryption keys for ransomware attacks.

The panel discusses how companies can disclose crucial information to law enforcement to aid investigations without compromising confidentiality. It also explains how establishing proactive relationships with local FBI cyber task forces and ongoing communication with law enforcement post-incident are vital strategies in staying ahead of evolving cyber threats.

Provided By

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Panelists

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Serrin Turner

Partner
Latham & Watkins LLP

Serrin Turner is a member of the firm’s Privacy & Cyber Practice, Complex Commercial Litigation Practice, and White Collar Defense & Government Investigations Practice.

A former federal prosecutor, Mr. Turner is an experienced trial and appellate lawyer who represents and advises clients on a wide range of cybersecurity and privacy-related matters.

Mr. Turner joined Latham following six years as an Assistant US Attorney for the Southern District of New York, where he served as the Office’s lead cybercrime prosecutor. In that role, Mr. Turner handled a wide range of cybercrime investigations and prosecutions, including matters involving computer hacking, data breaches, trade-secret theft, black-market websites, trafficking in stolen payment cards and personal identity information, and money laundering through digital currencies.

While at the US Attorney’s Office, Mr. Turner also handled high-profile litigation involving US electronic surveillance statutes, including Amnesty International v. Clapper, a constitutional challenge to a key foreign-intelligence surveillance statute, as well In re Microsoft Search Warrant, a challenge brought by a leading email provider to a search warrant for data stored overseas.

Prior to his service at the US Attorney’s Office, Mr. Turner served in the Civil Division of the US Department of Justice. He is a two-time recipient of the Attorney General’s Award for Distinguished Service, the Justice Department’s second-highest award, and he has also received the John Marshall Award for Trial of Litigation, the Justice Department's highest award for trial litigators.

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Patrick D. McNally

Partner
Octillo Law PLLC.

Patrick McNally is a Partner and an experienced Incident Response attorney focused on assisting businesses and organizations in their response to and recovery from cybersecurity incidents, including ransomware attacks, business email compromises, and fraudulent wire transfers.

He leads clients through all stages of actual and suspected data breaches, including internal investigations, analyses of breach notification requirements, and strategic communications. To help businesses prepare for today’s pressing cybersecurity threats, Pat leads tabletop exercises simulating all aspects of data security incidents for senior executives, company incident response teams, and in-house counsel. He also has significant experience as a litigator, defending businesses, hospitals, physicians, and municipalities in state and federal courts, and routinely represents clients in response to regulatory investigations and government inquiries.

Before joining Octillo, Pat served in multiple capacities as a senior government, policy, and legal advisor, including as a Presidential-appointee in the Biden-Harris Administration. His career has tracked the intersection of technology and democracy, serving as National Technology and Data Manager for Voter Protection for Biden for President, associate counsel to the Democratic National Committee, and other legal roles on presidential campaigns.

In the public sector, Pat has significant experience in educational leadership and non-profit governance, including as senior director of corporate and foundation relations at the State University of New York, where he worked to drive shared research, community impact and academic priorities for multiple professional schools.

Pat is a Certified Information Privacy Professional for the United States (CIPP/US) as certified by the International Association of Privacy Professionals (IAPP).

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Kelly Langmesser

Managing Director
FGS Global

Kelly Langmesser is a Managing Director in the New York Office. She advises and supports clients in a variety of crisis and special situations, including cybersecurity preparedness and incident response, litigation matters, and executive leadership transitions. She also assists clients on long-term corporate positioning and media support.

Past assignments include advising both private and public companies on crisis matters. Kelly has also advised a large private university's leadership and board of trustees on high-profile diversity issues and leadership transitions. She also provided media and strategic communications support to a high-profile individual facing criminal charges.

Prior to joining the firm, Kelly spent eight years as a spokeswoman for the FBI where she handled communications strategy and media matters for major cyber, criminal, and terrorism investigations in New York City. She also completed two special assignments in FBI headquarters in Washington, DC, as the lead communications strategist for the Cyber Division and the Foreign Influence Task Force.

Earlier in her career, Kelly held roles as a writer and editor for both the Office of Congressional Affairs and the Office of Public Affairs for U.S. Immigration and Customs Enforcement in Washington, DC. She has also served as a staff assistant to U.S. Senator Debbie Stabenow.

Kelly has a B.A. in Political Theory and Constitutional Democracy from Michigan State University and a M.S. in Public Relations and Corporate Communication from New York University.

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Douglas J. Domin

Assistant Inspector General for Investigations
Special Inspector General for Afghanistan Reconstruction (SIGAR)

Douglas Domin joined SIGAR in January 2013. As the Assistant Inspector General for Investigations, he is responsible for the agency’s criminal and civil investigations of waste, fraud, and abuse of U.S. reconstruction dollars in Afghanistan.

Mr. Domin served most recently as an executive at Science Applications International Corp (SAIC). Previously, he served as a career FBI agent whose work ranged from a posting at the U.S. Embassy, London, to serving as Assistant Special Agent in Charge of the Dallas field office and Special Agent in Charge of the bureau’s Minneapolis Division.

In this latter post, Mr. Domin supervised 200 special agents and professional support staff, and was responsible for FBI activities in Minnesota, South Dakota and North Dakota. Under Mr. Domin’s leadership, the Minneapolis Division ranked in the FBI’s top 9 for cases opened, convictions and indictments, in spite of the fact the office ranked 31st in resource size among the FBI’s 56 divisions.

Mr. Domin joined SAIC in 2001, after retiring from the FBI. In his most recent assignment at SAIC, Mr. Domin served as Vice President-Account Manager, responsible for maintaining the primary customer relationship for the U.S. Department of Justice and its components, including the FBI, DEA, BATF and Office of Justice Programs.

A Chicago native, Mr. Domin served honorably in the U.S. Navy; he earned his bachelor’s degree, with honors, from the University of Illinois-Chicago, and has done graduate work at De Paul University, the University of Southern California, and George Washington University.


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