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2013 International White Collar Crime Conference London, United Kingdom. October 2013. The Evolving Challenges of Investigating and Preventing Corporate Espionage and Cyber Crimes in the Twenty-First Century. Panelists

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The Evolving Challenges of Investigating and Preventing Corporate Espionage and Cyber Crimes in the Twenty-First Century


Neil H. MacBride, Former United States Attorney, Eastern District of Virginia

Andy Archibald, Interim Head, National Cyber Crime Unit, UK National Crime Agency, London

David Garfield, Managing Director of Cyber Security, BAE Systems Detica, London

Jennifer Archie, Latham & Watkins, Washington, D.C.


Scott Marrah, Kilpatrick Townsend, Atlanta

current threat landscape
Current Threat Landscape
  • The Insider
  • Financial Crime and Identity Theft
  • Cyber Espionage and Sabotage
  • Hacktivists
  • Piracy
taking a holistic view of the risk
Taking a holistic view of the risk

State of the Art





incident response
Incident Response
  • What to Do First
  • Roles and Responsibilities
  • Forensics
  • In-House/Outside Counsel
  • Communications
  • Law Enforcement
immediate judgment calls
Immediate Judgment Calls
  • Whether to Report
  • Who to Tell
    • Affected Parties
    • Media
    • Public
    • Customers
  • What to Report
working with law enforcement
Working with Law Enforcement
  • What to Expect
  • When to Report
  • Who to Call
  • How to Present
  • Government Perspectives
law enforcement requests
Law Enforcement Requests
  • What Do They Typically Request?
  • Voluntary Cooperation or Formal Process?
  • Cross border cooperation and considerations
criminal charges
Criminal Charges
  • Charges Available?
  • Challenges To Building Cases
  • Factors for Whether Investigation is Opened
  • Factors for Whether Case Is Charged
self help
Self Help
  • Civil Litigation to Investigate and Stop Computer Crimes
  • Positives & Negatives
criminal hacking
Criminal Hacking
  • An anonymous criminal gang (seemingly based in Eastern Europe) hacks into a retailer’s website to obtain credit card and personal information about the retailer’s customers.
mislaid data
Mislaid Data
  • An employee of a medical device company left a laptop on the train. The laptop was not encrypted or password protected. The laptop was recently backed up to the network and the IT Department reports that the misplaced laptop had locally stored email attachments and other documentation containing the personal data of 5,000 patients who had participated in a clinical trial of a new medical device.
insider gone bad
Insider Gone Bad
  • A senior executive at Company A left to set up his own company. Last week Company A learned that a large team was leaving to join the former executive. A look at the emails of the individuals involved shows that some of the departing employees emailed key, confidential documents to their personal email accounts immediately before announcing their resignation.
state sponsored espionage advanced p ersistent threats
State Sponsored Espionage (“Advanced Persistent threats”)
  • A major company discovers that a virus had been placed onto their computer systems, potentially allowing nearly unfettered access by unknown hackers for several months. Neither the extent of the loss, nor the identity of the perpetrator is clear.