In a recent article we discussed the cybersecurity challenges for publicly traded companies with Nardello & Co. One of the issues of concern raised was the potential for insider trading to occur in the context of a cyber breach. In March, a former top executive of Equifax was charged with insider trading in connection with a breach. This raises a host of new questions about how publicly traded companies – which are almost invariably multinational – should respond to a cyber breach. Now, with the GDPR (General Data Protection Regulation) entered into force for more than a month, many companies are being overwhelmed with complaints and requests for information. If a cyber incident occurs, in addition to U.S. law implications in the securities law context, listed companies need to consider global regulation and obligations applicable to data breach issues generally.

Mark Ray and John Fitzpatrick are Managing Directors at Nardello & Co., a global investigations firm that, among other things, specializes in cybersecurity consulting, internal investigations and incident response. Ray is a former special agent with the Federal Bureau of Investigation who led global investigations involving transnational cyber-criminal organizations, and currently leads Nardello’s Digital Investigations and Cybersecurity practice from the U.S. Fitzpatrick is based in the UK, and is an international lawyer with more than 20 years of legal, compliance and regulatory experience in multiple countries in EMEA, including expertise on data privacy issues, and in particular GDPR.READ MORE

In the #MeToo era, the stakes are high for corporations failing to rout out sexual harassment.

Allegations of predatory behavior bankrupted Harvey Weinstein’s company and forced Steve Wynn out of the company he co-founded, sending Wynn Resorts stock on a roller coaster ride.

In response, corporations and private equity firms are turning to private investigators like Dan Nardello — a former federal prosecutor at the Manhattan U.S. Attorney’s Office, who now runs his own firm — in droves.

“An ounce of prevention is really worth a pound of cure here, because the cost of potential drop in stock price, legal and PR cost — the possibility of regulators getting involved and regulating industries — they are enormous compared with the relatively modest expenditure in hiring folks like us in order to rule out this behavior,” said Nardello, CEO of Nardello & Co.

The veteran private investigator — Nardello has 25 years in the detective business — has seen about 35 percent more client calls related to sexual misconduct over the last six months.VIEW INTERVIEW & READ MORE

Head of the Atlanta Office and General Counsel of the Americas, Steven D. Grimberg, and Head of Digital Investigations and Cyber Defense, Mark Ray, discuss best practices for cybersecurity due diligence in Emory University’s Corporate Governance and Accountability Review.read more