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