The Third Annual Comprehensive Conference on Data Breaches and Cybersecurity

Rob McKenna Partner

Seattle; Washington, D.C. Office

Robert M. McKenna, partner in Orrick's Seattle and Washington, D.C. offices, leads the state Attorney General team in the firm's Public Policy Group and is a member of the Cyber, Privacy & Data Innovation practices. 

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.

Aravind Swaminathan Partner

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 when these issues lead to regulatory investigations by the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Federal Trade Commission (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.