The dispute between the U.S. Department of Justice and Apple Corporation over access to an iPhone’s encrypted information is just the most recent example. Resolving such conflicts and finding workable procedures is a matter of urgency.
To discuss this issue, Foley is hosting an evening briefing where both the government and private industry discuss their concerns, successes, and best practices when confronting potential conflicts. The discussion will focus on:
- The process by which the government authorizes electronic surveillance and how it establishes probable cause
- Defining “reasonable measures” for enabling and supporting electronic surveillance from third parties
- Current trends, including:
- International investigations and embedded support for surveillance
- “Going dark”
- White collar investigations
Speakers
Elisabeth Maida, Co-founder and CTO of Uplevel Security, will provide insights based on her experience serving the private sector, in particular, helping businesses guard against cyber attacks. Uplevel is renowned for the sophistication of its system, which applies graph theory to all the attack data, facilitating IT professionals’ ability to respond to cyber attacks more quickly and accurately.
Eric Berg, special counsel with Foley, will provide the point of view of government enforcement. Eric is a former trial lawyer with the Justice Department’s Criminal Division – first in Washington, D.C., then in the Southern District of California. Eric was responsible for authorizing the use of electronic surveillance in undercover investigations involving foreign corruption, white collar crime, narcotics trafficking, and transnational crimes. Among his cases was the large insider trading investigation into the activities of Carl Icahn and Phil Mickelson.
Moderator
Jonathan Halpern, a Foley partner and former federal prosecutor, will moderate the discussion. As chief of the Major Crimes Unit with the U.S. Attorney’s Office for the Southern District of New York, he supervised approximately 25 prosecutors specializing in large-scale and complex white collar criminal matters. In private practice, Jonathan has worked on the Deepwater Horizon explosion case, the muni bond investigation in New York, various securities cases, and several FCPA matters, among other types of financial cases.
There is no cost to participate in this program, but pre-registration is required. To participate, please use the Register Today button above or below, or simply register here.
We look forward to having you join us. For more information, please contact John Vicars at [email protected].