James T.Kitchen (Jimmy)

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Pittsburgh + 1.412.394.7272

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Jimmy Kitchen is a former Assistant U.S. Attorney who has led groundbreaking investigations, including one that led to the first-ever corporate cyberespionage indictment of Chinese military hackers in the landmark case of U.S. v. Wang Dong, et al. The case set new precedent on the cyber-investigative capabilities of the U.S. Department of Justice (DOJ). As a prosecutor for more than 17 years and now a litigator at the Firm, Jimmy has tried 49 first-chair jury trials, has successfully argued at the U.S. Court of Appeals, and has extensive experience on his feet in U.S. District Court and state courts.

Jimmy has led hundreds of investigations, including those involving cybercrimes, corporate trade secret theft, counterespionage, environmental crimes, terrorism, mail/wire fraud, and money laundering. He has worked and coordinated with numerous federal and state agencies, private sector cybersecurity firms, as well as large corporations who have been the victims of industrial espionage.

As a result of his extensive experience, Jimmy was designated as both a National Security Cyber Specialist and an Anti-Terrorism Advisory Council Coordinator by the DOJ, and he has been named as the inaugural Practice Affiliate Scholar at the University of Pittsburgh's Institute for Cyber Law, Policy, and Security. He presents nationally as an authority on cybersecurity and investigations at cybersecurity forums and before corporate boards of directors.

Jimmy assists companies with cybersecurity and breach response, Foreign Corrupt Practices Act (FCPA) and other internal investigations and compliance, as well as FBI, DOJ, SEC, and Attorney General investigations.

Experience

  • Silicon Valley information technology company investigates its international supply chain and network securityJones Day is leading an internal investigation into a multinational information technology company's supply chain and computer network security, and is representing the company in a related SEC investigation.
  • Multinational chemical supplier investigates corruption allegationsJones Day led an internal investigation at a multinational chemical supplier related to allegations of bribery and corruption in India.
  • Publishing company seeks cybersecurity preparedness adviceJones Day advised a publishing company related to its vendor management and cybersecurity insurance.
  • Casino defends against invasion of privacy claimsJones Day is representing a casino in litigation involving electronic privacy and wiretapping claims.
  • Healthcare administration company obtains closure of U.S. Department of Labor criminal inquiryJones Day obtained a declination to prosecute by the U.S. Department of Labor – Criminal Division in an ERISA investigation against a healthcare administration company.
  • Commodity metals supplier seeks advice on social engineering attackJones Day led an investigation into a reported computer hack through the use of social media at a commodity metals supplier and provided advice pertaining to data breach notification laws.
  • Large educational organization investigates potential computer hacking for purposes of cheatingJones Day led an investigation to identify computer network vulnerabilities at a large educational organization which might be used by hackers to gain an unfair academic advantage if exploited.
  • Large multinational company seeks cybersecurity adviceJones Day is advising a multinational company with regard to developing its cyber incident response plan.
  • Private university investigates business email compromise and pursues stolen fundsJones Day led an investigation into a business email compromise at a private university and advised the university on breach notification laws and legal avenues, including insurance strategies, to recoup stolen funds.
  • Publishing company responds to ransomware attackJones Day provided advice to a New York publishing company on incident response, communication, and remediation after it had been attacked by sophisticated ransomware.
  • Safety products manufacturing company investigates potential computer hack reported by FBIJones Day led an investigation to determine the existence of a reported computer network hack reported to a multinational safety products manufacturing company by the U.S. Federal Bureau of Investigation.
  • Transportation company investigates potential computer hack of customer dataJones Day led an investigation into a potential criminal intrusion into the network of a transportation company's customer data, provided advice regarding data breach notification laws, and represented the company in responding to an inquiry by the New York Department of Financial Services.
  • Computer hardware company responds to alleged supply network security attackJones Day is representing a computer hardware company in response to an alleged supply network cybersecurity attack.
  • NEP Group acquires Broadcast Sports International, LLCJones Day advised NEP Group in its acquisition of Broadcast Sports International, LLC, a leading provider of radio-frequency audio-visual solutions to the live sports and broadcast television industry.
  • PolyOne acquires Clariant color and additive masterbatch business for $1.5 billionJones Day advised PolyOne Corporation in the $1.5 billion purchase of Clariant’s global color and additive masterbatch business.
  • PolyOne completes $450 million public offering of common sharesJones Day represented PolyOne Corporation, a leading global provider of specialized polymer materials, services and solutions, in connection with its underwritten public offering of 13,333,333 common shares.
  • Shiseido acquires Drunk Elephant™ for $845 millionJones Day advised Shiseido Americas Corporation in its $845 million acquisition of Drunk Elephant™.
  • NEP Group acquires HDR GroupJones Day acted as co-counsel to NEP Group in its acquisition of HDR Group, a full-service production partner headquartered in Stockholm, Sweden.
  • NEP Group acquires SOS Global ExpressJones Day advised NEP Group in its acquisition of SOS Global Express, an independent international freight forwarding and full-service logistics company that specializes in supporting clients in broadcast, entertainment, music, and professional sports teams and leagues.
  • Tekni-Plex acquires MMC Packaging Equipment Ltd.Jones Day was U.S. counsel to Tekni-Plex, Inc. with respect to trade compliance and anti-bribery/anti-corruption matters in the acquisition of automation equipment solutions manufacturer MMC Packaging Equipment Ltd.
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    April 2024 White Paper

    2023 False Claims Act Enforcement in Health Care and Life Sciences, Part II

    January 2024 White Paper

    2023 Annual Review: Key U.S. Trade Secret Developments

    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

    June 2023 Alert

    Commerce Department Issues Final Rule on Information and Communications Technology Supply Chain

    April 2023 White Paper

    Insider Trading Enforcement in 2022

    March 2023 Alert

    SEC Advances Three Cybersecurity Rule Proposals to Public Comment

    January 2023 Commentary

    DOJ Criminal Division Announces Revisions to its Corporate Enforcement Policy

    December 9, 2022

    Wiretapping Your Website: Implications of Popa v. Harriet Carter Gifts, Inc.

    November 2022 White Paper

    Conducting an Effective Internal Investigation: An Overview

    March 2022 Commentary

    SEC Proposes Amendments Regarding Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure
    View All

    Additional Publications

    Publications Prior to Jones Day

    May 17, 2016
    Citing Cyber Espionage, US Steel Seeks China Import Ban Through IP Trade Law, Law.com

    May 12, 2016
    How the Steel City Became the Front Line in America’s Cyber War, Foreign Policy

    December 9, 2022

    Wiretapping Your Website: Implications of Popa v. Harriet Carter Gifts, Inc.

    Additional Speaking Engagements

    • December 8, 2021
      SEC Cybersecurity Enforcement: Recent Trends and the 2022 Landscape, Boston Bar Association Data Privacy and Cybersecurity Conference
    • Sepember 29, 2021
      SEC Cyber Unit Enforcement Update, Cybersecurity and Privacy Update: A Roundtable Discussion of Key Developments and Hot Topics
    • September 16, 2021
      Keeping the Sauce Secret: Thoughts on Adequately Protecting Your Trade Secrets from Cyberattackers
    • August 18, 2021
      Jones Day's 2021 Speaker Series: Held Hostage: What Happens When You're a Victim of Ransomware
    • January 12, 2021
      Privacy and Cybersecurity Rights in a Post-Pandemic Era
    • October 28, 2020
      Private Investigators – Ethical and Legal Considerations
    • August 20, 2020
      Your Company vs. the World: What Happens When a Foreign Government Targets Your Company With a Cyberattack
    • July 9, 2020
      Case Study: PLA Hackers, University of Maryland, DoD Technology and Law Academy
    • October 2, 2019
      Cybersecurity Preparedness, Enterpreneurs' Organization (EO) Pittsburgh, FBI-Pittsburgh Field Office
    • September 19, 2019
      Corporate Governance in 2020 and Beyond: Opportunities and Challenges, panel moderator, Government Enforcement and Individual Accountability
    • June 3, 2019
      The Ripple Effect of the California Consumer Privacy Act of 2018, Cyburgh 2019
    • February 21, 2019
      Cybersecurity and Data Privacy, MSA CLE
    • February 21, 2019
      Jones Day's 2019 Speaker Series: Protecting Your Company's Trade Secrets
    • November 27, 2018
      Cybercrime Update 2018, Jones Day Cleveland CLE Academy
    • November 16, 2018
      Cybersecurity Update, Marathon Oil CLE
    • October 5, 2018
      GDPR and Data Privacy Concerns: How Businesses Can Prepare; IUP, S&T Bank, and Infragard Present Securing Our Region, A Cybersecurity Seminar
    • August 14, 2018
      Future Generation: Exploring How Today's Energy Innovations are Working to Meet Tomorrow's Challenges, 2018 Pittsburgh Energy Forum Series
    • July 19, 2018
      Cybercrime Update 2018, U.S District Court and the Women's Bar Association for the Western District of Pennsylvania Summer Speaker Series
    • June 12, 2018
      Confronting the Cyber Threat, Rolling Rock Club Speaker Series
    • April 19, 2018
      Hackers and the GDPR Are Coming: How Health Care Companies Can Prepare, Jones Day 2018 Health Care and Life Sciences Forum:
    • March 29, 2018
      Computer Forensics: Applications and Utility, Friends of E-Discovery

    June 27, 2024
    ICC Jurisprudential Debate, organized by the ICC Institute of World Business Law (webinar)

    April 26, 2024
    "Crime in Arbitral Proceedings," Paris Arbitration & Crime Conference, Sciences Po Law School
    Paris, France

    February 27, 2024
    "Arbitration through the Ages," Queen Mary University of London (webinar)

    September 29, 2023
    "One Hundred Years of ICC Arbitration: How the Past Informs the Present," International Chamber of Commerce (webinar)

    September 26, 2023
    "The Construction of the Contemporary Regime of International Commercial Arbitration in France and England (17th-20th centuries)," Société de Législation Comparée
    Paris, France

    July 7, 2023
    "The Changing Sociology of the International Legal Community," Paris Place de Droit
    Paris, France

    May 15, 2023
    "Investigating the Many Lives of International Arbitration," NOVA School of Law
    Lisbon, Portugal

    March 27, 2023
    "Building Bridges: Crafting a Blueprint for the Future of Dispute Resolution," 7th ICC European Conference
    Paris, France

    October 26, 2022
    Third Edition of the "Rendez-vous des auteurs de l'arbitrage," Sorbonne Arbitrage
    Paris, France

    August 30, 2022
    "Researching the Modern History and Evolution of International Commercial Arbitration," Columbia Law School
    New York, NY

    August 27, 2022
    "The Modern History of International Commercial Arbitration," Kobe University (webinar)

    April 6, 2022
    Harvard International Arbitration Law Students Association (HIALSA) Book Talk, Harvard Law School (webinar)

    March 1, 2022
    Book Launch for The Three Ages of International Commercial Arbitration, GBS Disputes and Sciences Po Arbitration Society (webinar)

    October 1, 2021
    "The Twin Genealogies of International Arbitration," Oxford University (webinar)

    September 13, 2019
    "The ICC: One Hundred Years of Arbitration (1919–2019)," Geneva Center for International Dispute Settlement
    Geneva, Switzerland

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