MCCA Global TEC Forum

Minority Corporate Counsel Association

Speaking Engagement | June.19.2017 | 3:45pm - 5:00pm (Pacific Daylight Time)

San Francisco, CA

Orrick partners Darren Teshima and Aravind Swaminathan will join Monica Patel, Senior Regional Counsel at IBM, for a panel discussion on “Preparing for a Ransomware Attack” at the Minority Corporate Counsel Association's Global TEC (Technology, Education, and Careers) Forum.

As the WannaCry ransomware attack earlier this year highlighted, a ransomware attack is a key threat to even the most sophisticated businesses. In 2016, hackers attacked about half of all U.S. companies with some type of ransomware. Not only are the attacks on the rise, but every week new ransomware variants appear in the internet ecosystem. Ransomware attacks can pose an immediate threat to a company’s business, with the potential to shut down operations if effective safeguards and response protocols are not in place. There are legal risks as well. Regulators have become more attentive to the growing number of attacks, and some have made proclamations about how companies should respond that fundamentally change the legal compliance landscape, requiring the merger of business continuity and disaster recovery plans with incident response activities. The panel will discuss the scope of the ransomware threat to your business, the steps each company should take to prevent ransomware attacks—including having in place an incident response plan and relevant cyber insurance coverage—and how to respond should one occur.


CLE Credits Available: N

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Practice:

  • Complex Litigation & Dispute Resolution
  • Insurance Recovery
  • Cyber, Privacy & Data Innovation

Darren S. Teshima Partner Complex Litigation & Dispute Resolution, Insurance Recovery

San Francisco

Darren Teshima helps clients through complex commercial litigation, with a special focus on intelligent risk mitigation. From providing counsel to safeguard against anticipated and unforeseen dangers to handling high stakes litigation, clients turn to him for creative solutions to protect their businesses. Chambers USA 2021 quotes clients praising him for being “collaborative and a strong negotiator." Darren’s Insurance Recovery clients are exclusively policyholders. They seek his advice to pursue claims and help them improve their coverage programs.

Darren’s proactive judgement has protected clients’ long-term business goals time and again. He serves as a true business partner to technology and financial services clients, working closely with in-house risk management and legal departments to tailor innovative strategies to maximize available insurance and indemnification coverage. Industry leaders rely on Darren to guide them through the cutting-edge issues they’re facing today, from D&O coverage on SPAC transactions, to reps & warranties and indemnification coverage in agreements and transactions, to E&O and cyber coverage related to data breaches.

When litigation is necessary, Darren helps clients assert their rights. He has successfully litigated high stakes commercial disputes with significant wins in connection with insurance coverage, D&O coverage, and cyber insurance for some of the largest data breaches in history.

Darren has been recognized for his work on behalf of insurance policyholders by Legal 500, Chambers USA, and has been named a Law360 Rising Star, as well as one of the “Best Lawyers Under 40” by the National Asian Pacific American Bar Association.

Darren is a leader at Orrick, currently serving as co-leader of Orrick’s Diversity, Equity and Inclusion Initiative, and previously as deputy, co-leader and leader of the Complex Litigation and Dispute Resolution practice from 2016-2020. He is passionate about making the legal profession inclusive for all and takes an active role in D&I industry engagements, including as a fellow in the Leadership Council on Legal Diversity and participating in the Diversity in Law Hackathon.

Darren also is deeply committed to pro bono work and community involvement. He’s handled administrative trials and hearings on behalf of asylum seekers and low-income tenants and provided litigation advice to nonprofit organizations. For his efforts, Legal Services for Children honored him with the Pro Bono Advocate Award twice. Currently, Darren is the chair of the Asian Americans Advancing Justice – Asian Law Caucus, and serves on the board of Legal Services for Children.

In 2012, Darren spent three months on loan to the San Francisco District Attorney’s Office as an Assistant District Attorney, where he first-chaired four criminal jury trials to verdict.

 

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Practice:

  • Finance Sector
  • Technology & Innovation Sector
  • Cyber, Privacy & Data Innovation
  • Class Action Defense
  • White Collar, Investigations, Securities Litigation & Compliance
  • Government Investigations and Enforcement Actions
  • Trials

Aravind Swaminathan Partner Cyber, Privacy & Data Innovation, Class Action Defense

Seattle; Boston

Data is igniting a global, technological revolution. Increased collection, use, storage, and transfer of data has shifted the paradigm of innovation – and created a global security problem. Fortune 500 companies with large quantities of data, cities with vulnerable infrastructure, and every institution in between must manage that risk, without encumbering progress or technological advancement. To do so, they turn to Aravind Swaminathan. Aravind is ranked by Chambers USA in the categories of both Privacy and Data Security: Litigation (Band 2) and Privacy and Data Security: Incident Responses, as well as Chambers Global, which described him as "formidable in assisting clients with both the noncontentious and litigious elements of cyber-attacks and security breaches, including resulting class actions. Clients endorse Aravind, telling Chambers, that he is "very substantively knowledgeable" and has "knowledge gained from prosecuting hackers, meaning he fundamentally understands what they do."

As a strategic cybersecurity advisor, Aravind partners with clients to proactively plan for a crisis and develop strategies to improve resiliency, respond efficiently and effectively, protect their business and brand, and defend them in the onslaught of litigation and enforcement actions that follow. He guides organizations from large public company financial institutions to start-up technology companies to critical infrastructure providers through incidents, and develops business- and brand-centric strategies to mitigate and manage risk. He has directed more than 200 cybersecurity incident and data breach investigations, including enterprise-wide network intrusions to cyberattacks with national security implications. 

With extensive trial, litigation and appellate experience, he defends his clients in cyber, privacy, and payments related class actions and other civil litigation (particularly Computer Fraud and Abuse Act matters), and in when these issues lead to regulatory investigations by the SEC, DOJ, FTC, and State Attorneys General.   

Aravind’s background as an assistant United States attorney and Computer Hacking and Intellectual Property Section attorney gives him first-hand understanding of federal agencies that allows him to swiftly navigate the system, partner with investigators and find creative solutions for his clients. As a federal cybercrime prosecutor, Aravind investigated and prosecuted a broad array of cybercrime cases, including hacking, phishing, trade secrets theft, click fraud, cyber threats, and identity theft. Aravind also led the cybercrime outreach program, where he worked with members of the Department of Justice, state and federal regulators, law enforcement and other organizations on cybersecurity and related privacy issues. During his time as federal prosecutor in the Complex Crimes Unit, he also investigated and prosecuted a wide array of white-collar crimes, including investment schemes, corporate fraud and embezzlement, securities fraud, tax evasion and the nation’s largest bank failure.