Cybersecurity Is Not One Size Fits All: Addressing Night and Day Differences for Solos/Small Firms, Megafirms, Companies, Government, and Nonprofits

Randy V. Sabett, CISSP, counsels clients on a wide range of cutting-edge cybersecurity, privacy, IoT, IT licensing and intellectual property issues. Randy helps clients develop strategies to protect their information, including advising companies on developing and maintaining appropriate internal controls to meet privacy and cybersecurity requirements. He also drafts and negotiates a wide variety of technology transaction agreements. Having previously served as an in-house counsel to a Silicon Valley startup, Randy employs a pragmatic approach when structuring and negotiating such agreements. He has also counseled numerous clients on a variety of data breach scenarios, including running incident response for major commercial retailers, large financial institutions, on-line service providers and healthcare organizations.

ALAN RAUL is the founder and leader of Sidley’s highly ranked Privacy and Cybersecurity practice. He represents companies on federal, state and international privacy and cybersecurity issues, including global data protection and compliance programs, data breaches, consumer protection issues and internet law. Alan advises companies regarding their cybersecurity and information governance and preparedness, and helps them address crisis management for data security incidents. Alan’s practice involves litigation and counseling regarding consumer class actions and investigations, enforcement actions and policy development by the FTC, State Attorneys General, SEC, Department of Justice and other government agencies.

Alan provides clients with perspective gained from extensive government service. He previously served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, General Counsel of the Office of Management and Budget, General Counsel of the U.S. Department of Agriculture, and Associate Counsel to the President.

Alan serves as a member of the Data Security, Privacy, and Intellectual Property Litigation Advisory Committee of the U.S. Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce). He also serves on the American Bar Association’s Cybersecurity Legal Task Force by appointment of the ABA President, and as a member of the Practicing Law Institute’s Privacy Law Advisors Group.

Alan has represented a Special Cybersecurity Review Committee of the Board of Directors of a major tech company in connection with its independent investigation of the company’s handling of major data breaches.

Mr. Whitley represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance. He also advises clients on corporate compliance, health care fraud and FDA-related matters.

Mr. Whitley has had a wide-ranging career in the Department of Justice (DOJ). During the Ronald Reagan and George H.W. Bush administrations, he served as Acting Associate Attorney General, the third-ranking position at Main Justice. He was appointed by Presidents Reagan and Bush, respectively, to serve as the U.S. Attorney in the Middle and Northern Federal Districts of Georgia. Throughout his career, Mr. Whitley served under five U.S. Attorneys General and four Presidents in a number of key operational and policy positions. Earlier in his career, Mr. Whitley served as an Assistant District Attorney in the Chattahoochee Judicial Circuit in Columbus, Georgia. Mr. Whitley maintains strong professional relationships with the state and federal law enforcement community.

In 2003, Mr. Whitley was appointed by President George W. Bush as the first General Counsel of the U.S. Department of Homeland Security (DHS), the highest ranking legal official at DHS. He held that position for two years working for DHS Secretaries Tom Ridge and Michael Chertoff, before returning to private practice.

Mr. Whitley leads a team of lawyers in the Firm's Government Enforcement and Investigations practice group who conduct sensitive high level investigations for both public and private sector institutions. Mr. Whitley's practice focuses on corporate defense and representation of clients in complex civil and criminal enforcement matters brought by the DOJ, other federal agencies, State Attorneys General and local prosecutors. He has represented numerous individuals and corporations in major government investigations throughout the United States and internationally. Mr. Whitley is a frequent speaker on white collar, compliance and corporate governance issues.

Stephen Wu is Of Counsel with Silicon Valley Law Group. He advises clients on information governance matters, focusing on information security, privacy, mobile computing, ediscovery preparedness, records management, and computer-related investigations. He reviews and writes sophisticated information security policies for large enterprises, and assists in data security regulatory compliance, incident response, breach notifications, and establishing secure electronic commerce systems. He drafts privacy policies for clients, including ones for U.S. companies with European and Asian operations. Steve assists clients in managing enterprise mobile device programs, including writing bring your own device (BYOD) policies.

In addition, Steve represents start up companies as outside general counsel, including providing assistance with business formation and deals in which he drafts and negotiates technology-related agreements, such as master service agreements, online application/XAAS/cloud agreements, terms of service, licenses, joint ventures, development agreements, and marketing agreements. His litigation practice focuses on trade secret misappropriation, computer fraud, and data theft. Also, his practice also includes copyright and trademark litigation, as well as general commercial litigation.

Finally, Steve advises clients on liability and information governance matters in cutting edge areas of technology such as robotics, autonomous driving and unmanned vehicle systems, unmanned aerial systems (drones), artificial intelligence, haptics, human-computer interfaces, Big Data, data property rights, Internet of Things, augmented and virtual reality, and 3D printing. Steve served as the 2010-2011 Chair of the American Bar Association Section of Science & Technology Law, and is a member of a number of the Sections Committees, including the Information Security, E-Discovery and Digital Evidence, E-Privacy Law, Artificial Intelligence and Robotics, and Big Data Committees. The American Bar Association published his book, A Legal Guide to Enterprise Mobile Device Management: Managing Bring Your Own Device (BYOD) and Employer-Issued Device Programs, in August 2013. Steve also serves as Chair of the High Technology Law Section of the Santa Clara County Bar Association. He has written or co-written five other books on information security and the law.

Before joining Silicon Valley Law Group, Steve was a Silicon Valley partner at Cooke Kobrick & Wu LLP. Before starting his private practice, was the second in-house attorney at VeriSign, Inc. At VeriSign, he was in charge of the team managing the company's policies and procedures (certificate policies and certification practice statements) supporting its secure ecommerce (public key infrastructure) services. Before VeriSign, Mr. Wu practiced with two large law firms, Jones Day and the firm now known as K&L Gates, in the areas of intellectual property, commercial, and general litigation, as well as technology licensing and transactions. From 1988 to 1990, Steve served as a law clerk to the Hon. Joseph P. Kinneary, U.S. District Court for the Southern District of Ohio.

Angeline Chen has over thirty years of legal and business experience, including as a General Counsel and Chief Compliance Officer. Her operational perspective and experience informs her practice area focus and expertise in corporate governance, compliance, cyber, risk management, national security, and regulatory affairs. Ms. Chen currently serves as Principal of Cynefin Consulting, and Of Counsel with DLA Piper.

Previously, she has held the roles of GC, Chief Compliance Officer and Corporate Secretary at Siemens Government Technologies and at Fincantieri Marine Group, and leadership/management roles with Lockheed Martin, International Launch Services, the National Security Agency, and INTELSAT, after starting her career practicing complex litigation in private practice.

She has served as a Director on several boards, an adjunct at GMU Law School, and as Executive-in-Residence and a professor for the UMUC’s M.B.A. program. Angeline holds a B.A. and J.D. from Villanova University, an LL.M (International and Comparative Law) from Georgetown University, and an M.B.A. from the University of Maryland.