Experience
Public company responds to ransomware attackJones Day advised executive management on all aspects of responding to a ransomware attack. Energy company responds to sophisticated ransomware attack by prominent ransomware threat actor groupJones Day directed and coordinated the response to a sophisticated ransomware attack by a well-known criminal threat actor group. Aerospace manufacturer develops centralized technology governance framework and integrated enterprise risk management program for its IT, OT, and IoT assetsJones Day advised a global aerospace manufacturer on the design and implementation of a centralized technology governance framework and integrated enterprise risk management program for its IT, OT, and IoT assets. Applus Technologies sold to Opus InspectionJones Day advised Applus Servicios Tecnologicos, S.L.U. in the sale of one of its U.S. subsidiaries, Applus Technologies Inc., to Opus Inspection, Inc. Publicly traded U.S. company conducts analysis of notification obligations arising from vendor data breachJones Day advised a publicly traded company on legal notification obligations arising from a data breach and ransomware attack affecting its third party vendor, including an analysis of potential reporting obligations to customers and regulators under GDPR and U.S. laws. Publicly traded U.S. life sciences company investigates unauthorized cyber intrusionJones Day assisted a publicly traded U.S. life sciences company in its response to an unauthorized cyber intrusion and extortion demand. Multinational industrial manufacturer responds to cyberattackJones Day advised a publicly traded multinational industrial manufacturer relating to a sophisticated cyberattack involving global systems. Follett Corporation divests Baker & Taylor division to private investor groupJones Day advised Follett Corporation in its divestiture of its Baker & Taylor division, the world's premier distributor of physical and digital books and services to public and academic libraries, which will now operate as an independent, privately-owned entity group led by Baker & Taylor's President and CEO Aman Kochar. Diebold Nixdorf completes offering of $700 million of Senior Secured NotesJones Day represented Diebold Nixdorf, Incorporated, a global leader in driving connected commerce for the banking and retail industries, in connection with the issuance of its $700 million aggregate principal amount of 9.375% Senior Secured Notes due 2025 in a Rule 144A and Regulation S offering. Diebold Nixdorf completes offering of €350 million of Senior Secured NotesJones Day represented Diebold Nixdorf, Incorporated, a global leader in driving connected commerce for the banking and retail industries, in connection with the issuance by its wholly-owned Dutch subsidiary, Diebold Nixdorf Dutch Holding B.V., of €350 million aggregate principal amount of 9.000% due 2025 in a Rule 144A and Regulation S offering. Fortune 500 public company assesses its investigation processes and develops enterprise-wide investigations governance structureJones Day is assisting a Fortune 500 public company in a year-long project to assess its investigation processes and develop a new, enterprise-wide investigations governance structure. Global manufacturing company responds to disclosure of potential vulnerabilities in its productsJones Day led a global manufacturing company's response to the disclosure of potential vulnerabilities in its products. Fortune 500 manufacturing company investigates cyberattacks targeting payment card data on eCommerce siteJones Day directed the investigation into cyberattacks targeting payment card data on an eCommerce site of a Fortune 500 company's recently-acquired subsidiary. Fortune 500 public company advised on data security and privacy regulatory compliance issuesJones Day is advising a Fortune 500 public company on data security and privacy regulatory compliance issues, including written information security program (WISP) and incident response plan. Large multinational company seeks cybersecurity adviceJones Day is advising a multinational company with regard to developing its cyber incident response plan. Technology company seeks advice on fraudulent online recruiting scamsJones Day advised a technology company regarding fraudulent online recruiting scams. 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. Technology company seeks advice regarding ransomware attackJones Day advised a technology company suffering a ransomware attack, including analyzing potential reporting obligations under GDPR and U.S. law. The following are representative examples of experience acquired prior to joining Jones Day.
Represented The TJX Companies in investigating and responding to a significant criminal intrusion into its computer network and theft of consumer and payment card data announced in 2007, including negotiating a resolution of a multistate investigation by 41 state attorneys general.
Represented Heartland Payment Systems in connection with a high-profile data breach, including successfully defending against an FTC investigation (no action was taken against the company).
Represented a prominent teaching hospital against enforcement action by OCR relating to an employee's highly publicized loss of sensitive protected health information. Successfully negotiated a novel resolution agreement and corrective action plan.
Represented third-party benefits provider in connection with extortion threats made by criminals who had stolen highly sensitive protected health information.
Represented a leading financial services company in connection with an employee's theft of credit card data.
Represented a retailer in all aspects of investigating and responding to a publicly disclosed criminal intrusion into certain point of sale systems. Successfully resolved without litigation related to federal and state regulatory investigations and payment card brand claims.
Persuaded state AG's office to drop publicly announced enforcement action relating to claimed violation of consumer protection/unfair and deceptive trade practice laws. AG closed investigation and issued press release praising client.
Convinced state AG not to pursue threatened enforcement action for alleged consumer protection violations that had been reported in a prominent national newspaper.
Represented company and its private equity owner in a prominent accounting fraud enforcement action by DOJ and the SEC in which three senior executives plead guilty to securities fraud, but the company was not prosecuted.
Successfully defended a financial services client in connection with market timing/late trading investigations by DOJ and SEC.
Represented computer manufacturer in parallel litigation proceedings in the United States and Venezuela arising in connection with termination of a joint venture.
Represented a manufacturer in federal court action against claims that it breached a contract and violated the Lanham Act by granting overlapping exclusive licenses to two licensees. Obtained summary judgment on counterclaim for royalties against plaintiff, and plaintiff thereafter withdrew its $20+ million claim.
Defended high-technology company against securities fraud class action lawsuit in first case under the PSLRA litigated in the First Circuit, obtaining dismissal of the case (affirmed on appeal).
In a case simultaneously litigated in three federal courts, obtained summary judgment for manufacturing client on the interpretation of a contractual indemnification provision contained in an asset purchase agreement governing environmental liability, which facilitated a highly favorable settlement.