Practice

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Cybercrime is the single most dangerous unseen threat to private enterprise today. It is little understood and its magnitude is routinely underestimated. From stealing user data to disrupting critical operations to wholesale theft of valuable intellectual property rights, cybercrime is more than a nuisance. Companies, public or private, that ignore the threat of cybercrime risk costly litigation, losses of revenue and productivity, and even their own extinction.

Richards Kibbe & Orbe LLP is a recognized leader in complex litigation and internal investigations.  RK&O’s cybercrime and cybersecurity practice leverages our wide-ranging experience and resources to assist equity sponsors/investment funds, mid-sized companies, and corporate boards develop and implement practical, focused strategies to manage risk in this dynamic area.

RK&O provides comprehensive, solution-oriented counsel that assists companies, boards and special board committees, and investors in the following ways:

  • Preparing organizations to respond decisively to a cyber event, including how to disclose the event to stakeholders and the public and how to treat evidence properly;
  • Working with equity sponsors and investment funds to ensure that companies they invest in have adequate cybersecurity safeguards and response protocols in the event of a cyberattack;
  • Counseling management and boards with regard to their fiduciary obligations prior to and after they learn of a cyberattack;
  • Conducting an internal investigation once an attack is discovered, whether at the request of the company/board or in response to a shareholder demand;
  • Responding to law enforcement inquiries and directing information flow;
  • Coordinating with other government agencies to gather information about potential risks; and
  • Handling offensive and defensive civil litigation arising out of cyberattacks.

Experience

Craig Newman has represented multiple NYSE-listed companies and senior management in both litigation and internal investigations, including recent litigation arising from the disclosure of the identity of a hacker and anonymous blogger who disclosed sensitive corporate information. Mr. Newman has also published extensively, including in theNew York Times and Wall Street Journal, about the threat posed by cybercrime to U.S. and multinational corporations.

Scott Budlong has advised private investment funds, financial institutions and public and private corporations regarding a wide range of regulatory and compliance matters for over twenty years, which includes market-leading expertise in the Securities and Exchange commission’s cyber event and cyber incident reporting requirements for public companies.

David B. Massey joined Richards, Kibbe & Orbe LLP as a partner in December 2013 after serving for nine years as a federal prosecutor in Manhattan, where he investigated and prosecuted complex cross-border financial fraud matters, including cyber security matters.  Since joining RK&O, Mr. Massey has represented financial institutions and individuals in a number of DOJ cross-border investigations relating to foreign bribery, fixed income trading, anti-money laundering compliance, and offshore banking. 

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