Jarrett Kolthoff - Association of Corporate Counsel

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Jarrett Kolthoff, Advisor
- Corporate Legal Counsels
“It’s not what you are…
it’s what you’re not.”
- Chief Legal Officer, Large Defense Contractor
• Who We Are
• Advisory Team
• Corporate Counsel’s Challenges
• Case Studies
Who we are:
Specially trained experts offering advisory services to the
General Counsel - Chief Legal Officer, Chief Compliance Officer, and Audit Committee
Chairman leading companies representing America’s Critical Infrastructure and
Strategic National Assets. We understand Civil Legal Procedure, Intellectual Property,
Antitrust, and Regulatory Compliance, and our team builds secure, trust relationships
with corporate officers chiefly responsible for corporate Governance, Risk
Management and Compliance (GRC).
We offer: Multi-Disciplined Counterintelligence
(Methodology & Toolset)
An intelligence gathering organization that leverages all available sources of
information including Human Intelligence (HUMINT), eDiscovery / Digital Forensics,
Law, and Open Source Evidence Collection, utilized in the protection of our client’s
Brand Asset.
Advisory Team
Michael Fagan
Former Asistant United States Attorney General, Eastern District of Missouri
-United States Department of Justice
John Kepler
Jarrett Kolthoff
Intellectual Property Attorney
-Gallop, Johnson & Neuman
Former U.S. Counterintelligence Agent
-U.S. Army
William Linnenbringer
Former Partner and Chairman, Global Financial Services Industry Practice
-PricewaterhouseCoopers LLP
Jerry McElhatton
Tom Saey
Former President, Technology
-MasterCard International
CEO
- Saey US Consulting
Norman Tice
James Wright
Former Chairman of the Board
MasterCard International
CPA
- Wright Criscione, PC
Corporate Counsel’s Challenges
 Management of Governance Risk Compliance
 Corporate Brand Management
 Theft of Intellectual Property
 Interaction with Governmental Entities
 Collusion / Embezzlement
 Various Civil Litigation Matters
 eDiscovery – Digital Forensics
 Contract Compliance
 Software Development Agreements
 Third Party Vendor Risk Profiles
 Obtaining un-conflicted Advice
CASE STUDIES
Sanctions - eDiscovery
Client: International Firm
CHALLENGE
Headline Case: International Corporation Facing
Sanctions for the internal mishandling of Material
Evidence
APPROACH
 Worked with Corporate Legal Counsel to establish a
strategy prior to embarking upon response
 Fixed the client’s issues, eliminating the threat of
sanctions, and completed the case prior to deadline in a
fraction of the time allowed by the court
 Helped litigation team rebuild the court’s confidence in the
evidence
 Significantly decreased the client’s cost of litigation
R E S U LT S
 Re-engineered practices,
policies and procedures to
improve efficiency and reduce
the cost of future litigation
 Enabled Corporate Counsel
the ability to respond rapidly /
accurately in the future
 Established a means to
gather real-time enterprise
knowledge
Probe, Investigation, Forensic Examination
Client: International Firm
CHALLENGE
Global Firm Loses Several
Key Executives in Major Markets to Competitor
APPROACH
 Respond to a corporate espionage case and immediately
began work with internal and external counsel and chief
executives
 All systems and logs were requested and a forensic analysis
was initiated
 Triaged the situation and identified through intelligence
collection efforts of a new company that the resigned
employees had started
 Conducted forensic analysis and identified the data stolen
via emails, USB drives and printed documents to build our
case.
R E S U LT S
 Client was able to act
decisively against this group and
retained their client base
 Client now has the
capabilities, methodologies and
processes to identify and
mitigate unethical behavior
 Client also has a strategy to
mitigate threats and losses
before they occur
PCI Breach
Client: International Firm
CHALLENGE
R E S U LT S
Unknown Perpetrator Stealing
Proprietary PCI Data from Client
APPROACH
 Isolated each point of intrusion and determined the best
possible course of action.
 Forensics, link analysis, time event charting, and
association matrices provided key factors in unraveling
case.
 A final report was drafted and a briefing was provided to a
select number of corporate officers.
 Due to the seriousness of this event, the report was later
elevated to the appropriate Federal Law Enforcement
Agency which assisted in the apprehension and
prosecution of this international crime ring.

International crime ring
located and arrested by foreign
agency

New security practices,
policies and procedures were
implemented based on Best
Practice guidelines
Contract Compliance
Client: Healthcare Organization
CHALLENGE
Secure Enterprise Web Application offering sensitive
medical information to the public
APPROACH
 Determined original architecture was ill-conceived and
insufficient to meet objective
 Threat Modeling determined that a multiple layered
approach was the most appropriate
 Provided training on Threat Modeling, Software
Development Life Cycle practices, worked directly with the
organization to understand their existing model, and
introduced new practices into the overall architecture
R E S U LT S

Provided evidentiary valued
information to Legal Counsel to
recoup losses

Helped establish an internal
Gold Standard to ensure ethical
“work product” from vendors
Additional Points for Consideration
• Cost Control – “do more with less”
• Tangible Results for Clients – top management and business units
• Real-Time Legal Risk Management Function
• Enterprise Intelligence – Enhanced Advisory Value
• Permeate Brand Loyalty within organization
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