ESG Series #9 and #10 - "This is a critical moment to accelerate our work to improve domestic cybersecurity." With these words, on March 21, 2022, the White House released a formal statement by President Joseph R. Biden, Jr. “to bolster our national resilience” due to "evolving intelligence" and heightened risks of “malicious cyber activity against the United States….[C]ritical infrastructure owners and operators must accelerate efforts to lock their digital doors.”
In this double episode of Law, Policy & Markets: Milbank Conversations, “Cybersecurity Part 1: Glenn Gerstell Assesses the Current Threat Landscape,” host and Milbank partner Allan Marks sits down with former NSA General Counsel (and former Milbank partner) Glenn S. Gerstell for a regulatory overview and an insider’s perspective on the current threat landscape for cyber risks. Glenn also shares his thinking on how governments can better address cyber risks to agencies, private entities and along global supply chains, and the role of cryptocurrencies in ransomware attacks.
In Cybersecurity Part 2: Joel Harrison and Adam Fee’s Essential Toolkit to Manage Cyber Risk, host Allan Marks sits down with Milbank partners Joel Harrison and Adam Fee to discuss their toolkit for preserving or restoring operational continuity and the integrity of corporate systems and data. They explore the most effective ways to confront cybersecurity risks, craft an incident response plan, and comply with the latest evolving regulatory requirements in the US, UK and EU for reporting and disclosure of cyberattacks.
Glenn S. Gerstell served as the general counsel of the National Security Agency (NSA) and Central Security Service (CSS) from 2015 to 2020. He has written and spoken widely about the intersections of technology and national security and privacy. Prior to joining the NSA, Mr. Gerstell practiced law for almost 40 years at the international law firm of Milbank LLP, where he focused on the global telecommunications industry and served as the managing partner of the firm's Washington, DC, Singapore, and Hong Kong offices. Mr. Gerstell served on the President's National Infrastructure Advisory Council, which reports to the president and the secretary of homeland security on security threats to the nation's infrastructure, as well as on the District of Columbia Homeland Security Commission. Earlier in his career, he was an adjunct law professor at the Georgetown University Law Center and New York Law School. He is a recipient of the National Intelligence Distinguished Service Medal, the Secretary of Defense Medal for Exceptional Civilian Service and the NSA Distinguished Civilian Service Medal.
Adam Fee is a partner in the New York and Los Angeles offices of Milbank and a member of the firm’s Litigation & Arbitration Group. Adam served for more than five years as an Assistant United States Attorney for the Southern District of New York, Criminal Division, where he was a member of the Terrorism and International Narcotics Unit. He has deep experience in a variety of matters, including cross-border fraud and money laundering, corruption, securities and accounting fraud, and data protection and cybersecurity.
Joel Harrison is a partner in the London office of Milbank and a member of the firm’s Technology Practice. He advises on everything technology-related, including cloud computing, outsourcing and licensing, as well as disputes and renegotiations. He also specializes in data privacy and cybersecurity, advising on the full range of transactional, regulatory and contentious matters. His clients include some of the world’s leading corporations and financial institutions.
Podcast host Allan Marks is a Milbank partner and one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.