RANE 2018 Risk Management Roundtable on Economic Espionage

Protecting Corporate Assets and Shareholder Value

Wednesday, March 14th

Debevoise & Plimpton LLP
919 3rd Ave
New York, NY

From state actors to company insiders, company secrets are at risk from a number of threats and on a number of fronts, including traditional covert actions as well as newer cyber hacks. In addition to the financial, operational, and reputational risk to the company, these actions can also pose a threat to US economic and national security.

This roundtable will explore the risks associated with economic espionage from multiple perspectives and provide pragmatic steps companies can take to prevent or mitigate these risks and protect their valuable IP.

Topics to be addressed include:

  • Espionage actors, tactics, and targets
  • Governance issues surrounding corporate espionage
  • Law enforcement perspective on threats to corporate IP
  • Developing a corporate counter-intelligence program

Special keynote presentation from Adam Segal, Ira A. Lipman Chair in Emerging Technologies and National Security and Director of the Digital and Cyberspace Policy Program, Council on Foreign Relations and Keynote Interview with Bill Priestap, Head of the Counterintelligence Division, Federal Bureau of Investigation

* Debevoise & Plimpton LLP has been accredited by the New York State and California State Continuing Legal Education Boards as a provider of continuing legal education. The program is being held with the intention that its attendees qualify for 1.0 General CLE credits for their participation.

8:30am – 9:00am Registration & Breakfast

9:00am – 9:30am Keynote Address

Special keynote address with Adam Segal, Ira A. Lipman Chair in Emerging Technologies and National Security and Director of the Digital and Cyberspace Policy Program, Council on Foreign Relations

9:30am – 10:15am Keynote Interview

Law Enforcement Perspective on the Increasing Threat to Corporate IP: Keynote Interview with Bill Priestap, Head of Counterintelligence Division, FBI; with David Lawrence, RANE

This session will provide attendees with a law enforcement perspective on the threats to business and national economic security in a global and increasingly competitive environment. While the theft of corporate intellectual property is not new, today’s reliance on digital communications, data, and devices has amplified and scaled the risks. Our speaker will provide a strategic overview of the key issues, highlight the importance of locking down corporate IP, and how the FBI’s approach to these threats has evolved. Attendees will come away with a better understanding of the risks corporations need to be aware of as well as how they can start to think about their management and mitigation.

10:15am – 10:30am Break

10:30am – 11:30am Panel Discussion

Developing a Corporate Counter-Intelligence Program

Counterintelligence is both defensive and proactive, designed to anticipate, counter, and prevent an adversary’s actions and protect company resources and innovation. This session will explore the best practices for developing an effective CI program – from assessing your organization’s vulnerabilities to gauging the consequences of losing critical assets to determining the capabilities and resources that will be required. The panel will discuss the role of in-house experts and outside expertise, ways to strengthen relationships across departments, and how to develop relationships with relevant law enforcement agencies.

Luke Dembosky
Cybersecurity and Litigation Partner, Debevoise & Plimpton LLP

Luke Dembosky is a cybersecurity and litigation partner with the law firm of Debevoise & Plimpton, LLP, and is a member of the firm’s global Cybersecurity & Data Privacy team. His practice focuses on cybersecurity incident preparation and response, related civil litigation and regulatory defense, as well as national security issues.

Mr. Dembosky joined Debevoise in March 2016 after serving as Deputy Assistant Attorney General for National Security at the Justice Department, where he oversaw DOJ’s first national security cyber portfolio. Over a 14-year career, he led the Department’s work on many landmark cyber cases, including as the senior DOJ official on the Target, Sony Pictures, Home Depot, Anthem and OPM breaches, among many others, and oversaw global operations such as the GameOver Zeus botnet takedown, for which he received the Attorney General’s Distinguished Service Award. Mr. Dembosky has been a regular advisor to the senior leadership of the DOJ, FBI, Secret Service, National Security Council and other agencies regarding significant cyber cases and related legal and national policy issues. He participated directly in the negotiation of a 2013 cyber accord with Russia and the historic 5-point agreement signed by President Obama and President Xi Jinping of China in 2015, and has co-represented DOJ in cyber discussions at the United Nations.

Prior to serving as Deputy Assistant AG, Mr. Dembosky was Deputy Chief for Litigation at DOJ’s highly regarded Computer Crime and Intellectual Property Section, where he managed all cyber prosecutions by the section’s 35 attorneys. Before that, from fall of 2010 to spring of 2013, he served as DOJ’s representative at the U.S. Embassy in Moscow, Russia, where he represented the U.S. before senior Russian officials on a range of cyber matters. From 2002 to 2010, Mr. Dembosky was a federal cybercrime prosecutor in Pittsburgh, where his prosecutions included U.S. v. Max Ray Vision, featured in the books Kingpin and DarkMarket and the first episode of American Greed to cover a cyber case.

Kevin Hayes
Senior Principal, Promontory

Kevin specializes in information security risk management and defense of networks and national critical assets from advanced foreign adversaries. He has worked extensively on cybersecurity enhancements, and privacy risk and control assessments major US financial institutions.

Kevin is a global cybersecurity expert, with 20 years of experience working with executive leaders in the U.K. and U.S. governments and private sectors. Before joining Promontory, Kevin worked for four years in a diplomatic role at the British Embassy in Washington, managing the relationships between U.K. and U.S. government cybersecurity agencies. In this role, he addressed many complex and sensitive international cybersecurity issues to help both nations strengthen their defense of critical infrastructure. Prior to settling in the U.S. in 2010, Kevin worked in a variety of U.K. government information-assurance and security roles at the Government Communications Headquarters. He has worked extensively with U.K. law enforcement, the Ministry of Defence, and other government agencies, advising on security for classified systems. In his most recent role in the U.K., Kevin led a team of 30 cybersecurity professionals with a wide range of technical and policy skills relevant to the implementation of secure systems.

David J. Hickton
Founding Director of the University of Pittsburgh Institute for Cyber Law, Policy, and Security

Prior to his position as founding director of the University of Pittsburgh Institute for Cyber Law, Policy, and Security, David J. Hickton served as United States Attorney for the Western District of Pennsylvania. He was nominated by former President Barack Obama on May 20, 2010, and was confirmed by the U.S. Senate on Aug. 5, 2010. He was sworn in as the District’s 57th U.S. Attorney on Aug.12, 2010.

Prior to becoming U.S. Attorney, Hickton engaged in the private practice of law, specifically in the areas of transportation, litigation, commercial and white-collar crime. He began his legal career serving as a law clerk for the Honorable U. S. District Judge Gustave Diamond from 1981 to 1983. For more than a decade, Hickton was an adjunct professor at the Duquesne University School of Law, where he taught antitrust.

A fellow of the American College of Trial Lawyers and the Academy of Trial Lawyers of Allegheny County, Hickton has been admitted before numerous courts, including the U.S. Supreme Court and the Pennsylvania Supreme Court. At the request of President Bill Clinton, he previously served on the President’s Advisory Committee on the Arts for the John F. Kennedy Center for the Performing Arts.

Hickton has long been a staunch supporter of many civic organizations, including those that benefit children and the arts. He served as an executive board member and president of Pittsburgh Public Theater and was a member of the Pittsburgh Cultural Trust.

Mr. Hickton is a 1978 graduate of the Pennsylvania State University and a 1981 graduate of the University of Pittsburgh School of Law.

In 2016, Pitt’s School of Law named Hickton one of its Distinguished Alumni. That same year, The Legal Intelligencer named him Pennsylvania Attorney of the Year. Hickton and his wife, Dawne, have been generous supporters of Pitt in a number of projects, including helping to establish the Loren H. Roth, MD, Summer Research Program in the School of Medicine. Pitt recognized Hickton as a Legacy Laureate in 2013 and also that year presented him with its 225th anniversary medallion, an honor bestowed on alumni who have brought particular honor to the university through their work and service.

David Lawrence
Founder and Chief Collaborative Officer, RANE

David Lawrence is the Founder and Chief Collaborative Officer of RANE. He previously served for approximately 20 years as Associate General Counsel and Managing Director at Goldman Sachs. During his tenure, David formed and was the global head of the Business Intelligence Group. His role covered a wide range of legal, regulatory, diligence and transactional responsibilities for the firm, as well as advising Goldman’s clients directly. David served on a number of the firm’s global risk-management and investment committees, including its Commitments and Capital Committees. In 2014, David received the FBI Director’s Award for his efforts in combating international terrorism.

Over the years, David and Goldman Sachs were jointly awarded over 20 risk management patents. While at Goldman Sachs, he helped create and lead the firm’s formation of Regulatory Data Corp (RDC), in which 20 of the leading global banks invested. Prior to working at Goldman Sachs, David served for 10 years as an Assistant US Attorney, in the Southern District of New York. During this tenure, he served as the Deputy Chief of the Criminal Division and Chief of the Public Corruption and General Crimes Units. David serves as a member of the Board of Trustees for the John Jay College of Criminal Justice Foundation (City University of New York). David received a B.A. from Brandeis University in Urban Studies, Magna Cum Laude with Highest Honors. He attended the University of Texas School of Law and received his J.D. from New York University School of Law.

Bill Priestap
Head of the Counterintelligence Division, Federal Bureau of Investigation

Bill Priestap was appointed Assistant Director (AD) of the Counterintelligence Division in December 2015. In this position, he oversees all FBI Counterintelligence investigations and operations. He is responsible for ensuring the FBI successfully executes its national security mission to defeat foreign intelligence threats and activities. Mr. Priestap most recently served as the Deputy Assistant Director (DAD) of the Intelligence Operations Branch where he oversaw HUMINT operations, integration management, and strategic technology.

He began his FBI career in 1998 working organized crime and drug matters in the Chicago Field Office. After the events of 09/11/2001, Mr. Priestap focused on counterterrorism investigations in Chicago. He was then promoted to the position of Supervisory Special Agent in the Office of Congressional Affairs (OCA) at FBI Headquarters (FBIHQ) in Washington, D.C. While in OCA, he was detailed to the U.S. Senate’s Homeland Security and Governmental Affairs Committee, where he assisted with the Intelligence Reform and Terrorism Prevention Act of 2004.

Following his time in OCA, Mr. Priestap served as the Special Assistant to the Assistant Director of the Directorate of Intelligence at FBIHQ. In 2006, he was assigned to the New York Office, where over the next few years he held a variety of counterterrorism and intelligence supervisory positions. He later served as an Assistant Special Agent in Charge in the New York Office’s Intelligence and Counterintelligence Divisions. He returned to FBIHQ in 2012 as a Section Chief in the Counterintelligence Division. From September 2013 through January 2015, Mr. Priestap was the Special Agent in Charge of the Counterintelligence Division in New York.

He is an attorney who also holds master’s degrees in business administration and education administration.

Adam Segal
Ira A. Lipman chair in emerging technologies and national security and director of the Digital and Cyberspace Policy Program, Council on Foreign Relations (CFR)

Adam Segal is the Ira A. Lipman chair in emerging technologies and national security and director of the Digital and Cyberspace Policy Program at the Council on Foreign Relations (CFR). An expert on security issues, technology development, and Chinese domestic and foreign policy, Segal was the project director for the CFR-sponsored Independent Task Force report Defending an Open, Global, Secure, and Resilient Internet. His book The Hacked World Order: How Nations Fight, Trade, Maneuver, and Manipulate in the Digital Age (PublicAffairs, 2016) describes the increasingly contentious geopolitics of cyberspace. His work has appeared in the Financial Times, The Economist, Foreign Policy, The Wall Street Journal, and Foreign Affairs, among others. He currently writes for the blog, “Net Politics.”

Before coming to CFR, Segal was an arms control analyst for the China Project at the Union of Concerned Scientists. There, he wrote about missile defense, nuclear weapons, and Asian security issues. He has been a visiting scholar at the Hoover Institution at Stanford University, the Massachusetts Institute of Technology’s Center for International Studies, the Shanghai Academy of Social Sciences, and Tsinghua University in Beijing. He has taught at Vassar College and Columbia University. Segal is the author of Advantage: How American Innovation Can Overcome the Asian Challenge (W.W. Norton, 2011) and Digital Dragon: High-Technology Enterprises in China (Cornell University Press, 2003), as well as several articles and book chapters on Chinese technology policy.

Segal has a BA and PhD in government from Cornell University, and an MA in international relations from the Fletcher School of Law and Diplomacy, Tufts University.

Rhea Siers
Executive Director, Cyber + Information, RANE

Ms. Rhea Siers combines her operational, legal and policy experience from thirty years in the US Intelligence Community to bring a multifaceted approach to cybersecurity. During her service in the US Government, Ms. Siers dealt with some of the most critical issues facing the Intelligence Community including cyber operations, information sharing, counterterrorism and counterintelligence. She served as NSA’s senior representative to the FBI, as well as NSA’s Deputy Associate Director for Policy, led operational and intelligence production as a senior manager, and served in the NSA Office of General Counsel. Ms. Siers was a member of the Executive Committees of the New York, Washington DC and Miami Joint Terrorism Task Forces.

As an attorney and policy expert in the cybersecurity arena, Ms. Siers was selected as a “Cyber Trail Blazer” in November 2014 by the National Law Journal. She has worked with companies and organizations designing cyber security programs that meet regulatory needs and are tailored to the challenges of different industries.   She designs and executes cyber crisis simulations to educate professionals at many levels, including Boards of Directors.

She is currently the Scholar in Residence at the Center for Cyber and Homeland Security at George Washington University (GWU) and Senior Fellow for Policy and Legal issues at the Institute for Information Infrastructure Protection (I3P). Her work currently focuses on key cyber policy issues such as “Active Defense”, with an emphasis on training the next generation of cyber and intelligence analysts as well as creating a multidisciplinary cyber curriculum.

Ms. Siers is a member of the adjunct faculty of GWU and the Johns Hopkins University where she developed and teaches courses on Cyber Threats, Data Privacy, Middle East issues, Non-State Actors, Terrorism, and Transnational Security issues.

Ms. Siers served as a consultant Special Counsel for the Cyber Practice at Zeichner, Ellman and Krause in New York City, where she assisted clients in devising legal strategies for cyber vulnerabilities and incident response. She is on the editorial board of The Journal of Law and Cyber Warfare and a co-author of the book Cyber Warfare: Understanding the Law, Policy, and Technology (2015). She has authored a number of recent articles about cyber deterrence, attribution, and relevant cyber case studies published in the Wall Street Journal and The Cipher Brief. Ms. Siers is also on the Board of the Millennium Alliance, which focuses on providing guidance to senior executives on digital transformation. Ms. Siers is frequently quoted in different media regarding cybersecurity, cybercrime, intelligence issues and related law and policy.

She received her B.A. in Political Science from Barnard College, Columbia University, New York, an MSc in International Relations and Middle East Politics from the London School of Economics and Political Science, a J.D. from the Washington College of Law, American University, and an MIPP in Transnational Security Issues from the Elliott School of International Affairs, George Washington University.

Elad Yoran
Executive Chairman, KoolSpan and CEO, Security Growth Partners (SGP)

Elad Yoran is Executive Chairman of KoolSpan and CEO of Security Growth Partners (SGP). He is a 20+ year cybersecurity veteran, among other things having founded and led many foundational cyber start-up companies.

He serves as director at Infinidat as well as on several government and industry boards including the Army Cyber Institute, the Cloud Security Alliance, and previously, the FBI IT Advisory Council. Elad is the author of many cyber articles going back to the original Internet Security Threat Report research papers. Elad’s cybersecurity entrepreneurial experience, for which he was honored as “Entrepreneur of the Year” by E&Y, includes Riptech, acquired by Symantec; MediaSentry, acquired by SafeNet; Sentrigo, acquired by McAfee; and others. Previously, Elad served as VP Global Business Development at Symantec. In addition, Elad was a strategic investor and advisor to Red Owl Analytics, acquired by Forcepoint; NetWitness, acquired by RSA; ThreatGrid, acquired by Cisco; and Insightix, acquired by McAfee. Previously, Elad served as a US Army officer and is a graduate of the Wharton School and West Point.

RANE / Debevoise & Plimpton LLP Event Recap

2018 RANE Risk Management Roundtable on Economic Espionage:
Protecting Corporate Assets and Shareholder Value









FBI Says Chinese Espionage Poses ‘Most Severe’ Threat to American Security
U.S. Adopts New Battle Plan to Fight China’s Theft of Trade Secrets
China Violated Obama-Era Cybertheft Pact, U.S. Official Says
U.S. Accuses Chinese Firm, Partner of Stealing Trade Secrets From Micron
Foreign universities are unwittingly collaborating with Chinese military scientists
U.S. to Restrict Chinese Chip Maker From Doing Business With American Firms
The Washington Post: In a first, a Chinese spy is extradited to the U.S. after stealing technology secrets, Justice Dept. says
The Wall Street Journal: GE Engineer Linked to China Stole Power Plant Technology, FBI Says
Politico: How Silicon Valley Became a Den of Spies
Bloomberg: When Rio Tinto Met China’s Iron Hand
CNBC: Trump considers big ‘fine’ over China intellectual property theft
Defense One: Chinese Hackers Targeted Internet-of-Things During Trump-Putin Summit
Foreign Policy: Size Doesn’t Matter for Spies Anymore
LAWFARE: The Chinese Hacking Indictments and the Frail “Norm” Against Commercial Espionage
Legaltech news: China Hacks on US Corporations Rising, With Law Firms, GCs Prime Targets
MARKETPLACE: “The China Hustle” tells the story of a massive fraud you probably haven’t heard about
NBC News: FBI chief on biggest threats – China spies, terror, rise in violent crime
Newsweek: The World’s Best Hackers – Why Iran is a Bigger Threat to the U.S. Than Russia, China, or North Korea
NY Post: US bans sales to China’s ZTE amid espionage fears
REUTERS: Anti-China bill being softened after U.S. companies complain
REUTERS: China renews pledges to open economy, protect IP rights
REUTERS: Some U.S. businesses urge caution in China intellectual property trade push
REUTERS: U.S. senators concerned about Chinese access to intellectual property
Security Week: U.S. Indicts Chinese For Hacking Siemens, Moody’s
South China Morning Post: Arrest of ex-CIA agent fuels Hong Kong’s reputation as spy hotbed
The Economist: How China is battling ever more intensely in world markets
The FCPA Blog: Chinese scientist jailed 10 years for stealing GMO rice
The Nation: The FBI Is Setting Up a Task Force to Monitor Social Media
The New York Times: White House Considers Restricting Chinese Researchers Over Espionage Fears
The Strategy Bridge: Deviation From The Norm – Cyberattacks on the Rise
The Wall Street Journal: Amid National Security Warnings, NIST Adds Supply-Chain Security to Cyber Framework
The Wall Street Journal: Behind North Korea’s Nuclear Advance: Scientists Who Bring Technology Home
The Wall Street Journal: CEO Catches Stranger After Hours, Prompting Espionage Charges
The Wall Street Journal: Chinese Firm Found Guilty of Stealing Wind Technology From U.S. Supplier
The Wall Street Journal: Hackers’ Latest Weapon – Cyber Extortion
The Wall Street Journal: Hit by Chinese Hackers Seeking Industrial Secrets, German Manufacturers Play Defense
The Wall Street Journal: Jailed for a Text – China’s Censors Are Spying on Mobile Chat Groups
The Wall Street Journal: Surveillance Cameras Made by China Are Hanging All Over the U.S.
The Wall Street Journal: There’s a Global Race to Control Batteries—and China Is Winning
The Wall Street Journal: U.S. Indicts Three Chinese for Alleged Cyberattacks on Moody’s, Siemens
The Washington Post: Trump Prepared to Hit China with $60 Billion in Annual Tariffs

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Debevoise & Plimpton LLP
919 3rd Ave
New York, NY