Brown Rudnick
Tech on FIRE
In partnership with the Tech Disputes Network
28th April 2022 - One Moorgate Place, London
Agenda
Registration
9.45am
Chairs' Welcome
10.15am
Sam Goodman, Barrister
Twenty Essex (UK)
Keynote: Digital & Cyber Fraud
10.20am
Professor Sarah Green, Commissioner for Commercial and Common Law
Law Commission
Don’t Bank on it - Old targets, New Claims
How new technology has made banks vulnerable to litigation
10.50am
How do new technologies and processes affect liability of classic targets for recover action? We will consider:
- Claims against banks because the AML systems are not up to scratch.
- The relatively new confirmation of payee system, and potential claims around that.
- Issues in relation to mistaken payments made by an automated system, and how to address the interface between automated systems and human review of alerts generated.
- Cyber-fraud and banks: Whose fault is it anyway? A discussion of claims against/recovery from banks when fraudsters have disappeared.
- New claims.
- Defences available in respect of such claims
Matthew McGhee, Barrister
Twenty Essex
Jon Felce, Partner
Cooke, Young & Keidan (UK)
Elizabeth Meade, Senior Associate
Cooke, Young & Keidan
Refreshment Break
11.30am
Whose Key is it Anyway?
Data theft and rogue employees
12.00pm
- Data theft – discussing claims for breach of confidence and infringement of copyright/database rights
- Electronic keys to the business - discussion of legal nature of domain names, domain name thefts
- Springboard injunctions
Rebecca Keating, Barrister
4 Pump Court
Tom McLaughlin, Managing Associate
BDBF
Lunch
12.40pm
Ransomware 101
2.00pm
A panel identifying how ransomware works, what the best practice is in response to ransomware and what legal remedies are available.
Bethan Griffiths, Senior Associate
RPC
Darragh Connell, Barrister
Maitland
James Thoburn, Associate Managing Director
Kroll
FIREfighting - Tech & Reputation Management in Fraud Claims
2.40pm
- Defamation
- Malicious falsehood online
- Non-disclosure injunctions
Victoria McEvedy, Principal & Founder
McEvedys
Rob Mindell, Managing Director
FTI Consulting
Catrin Evans KC, Barrister
Matrix Chambers
Refreshment Break
3.20pm
Latest Trends in Crypto-Currency Disputes
3.40pm
We are now largely comfortable with the idea of crypto-currencies having the status of ‘property’ as a matter of law. However,
- what is the real consequence of this?
- What other issues need to be addressed and what are the possible answers?
Covering issues such as the law applicable to cryto-currencies and transactions involving them; the applicability of property concepts such as nemo dat; and what sort of relief can you obtain – can you create a fork in the blockchain?
Pawel Aleksander, CIO, Co-Founder
Coinfirm
Jessica Lee, Partner
Brown Rudnick
Simon Cohen, Managing Associate
Ontier
Chloë Bell, Barrister
3VB
Vijay Rathour, Partner, Head of the Digital Forensics Group
Grant Thornton
Catching FIRE: Traditional Tools & New Frontiers
4.20pm
Panel discussing the use of how traditional litigation tools/procedure can be adapted to 21st century FIRE tech disputes:
- Practical solutions available to victims of crypto-asset theft from an asset recovery and financing perspective
- Foglia case
- Admissibility of evidence obtained through hacking
- Class actions and data claims
- How civil fraud has evolved with the ages and tech developments
Paul Lowenstein KC, Barrister
Twenty Essex
Mike Cumming-Bruce, Vice President
Bench Walk Advisors
Robert Capper , Senior Managing Director
Ankura
Steven Gee QC, Barrister
Monckton Chambers
Valya Georgieva, Senior Associate
Penningtons Manches Cooper
Chairs' Closing Remarks
5.00pm
Drinks Reception
5.10pm
Professor Sarah Green - Commissioner for Commercial and Common Law - Law Commission
How do new technologies and processes affect liability of classic targets for recover action? We will consider:
- Claims against banks because the AML systems are not up to scratch.
- The relatively new confirmation of payee system, and potential claims around that.
- Issues in relation to mistaken payments made by an automated system, and how to address the interface between automated systems and human review of alerts generated.
- Cyber-fraud and banks: Whose fault is it anyway? A discussion of claims against/recovery from banks when fraudsters have disappeared.
- New claims.
- Defences available in respect of such claims
Jon Felce - Partner - Cooke, Young & Keidan (UK)
Elizabeth Meade - Senior Associate - Cooke, Young & Keidan
- Data theft – discussing claims for breach of confidence and infringement of copyright/database rights
- Electronic keys to the business - discussion of legal nature of domain names, domain name thefts
- Springboard injunctions
Tom McLaughlin - Managing Associate - BDBF
A panel identifying how ransomware works, what the best practice is in response to ransomware and what legal remedies are available.
Bethan Griffiths - Senior Associate - RPCDarragh Connell - Barrister - Maitland
James Thoburn - Associate Managing Director - Kroll
- Defamation
- Malicious falsehood online
- Non-disclosure injunctions
Rob Mindell - Managing Director - FTI Consulting
Catrin Evans KC - Barrister - Matrix Chambers
We are now largely comfortable with the idea of crypto-currencies having the status of ‘property’ as a matter of law. However,
- what is the real consequence of this?
- What other issues need to be addressed and what are the possible answers?
Covering issues such as the law applicable to cryto-currencies and transactions involving them; the applicability of property concepts such as nemo dat; and what sort of relief can you obtain – can you create a fork in the blockchain?
Pawel Aleksander - CIO, Co-Founder - CoinfirmJessica Lee - Partner - Brown Rudnick
Simon Cohen - Managing Associate - Ontier
Chloë Bell - Barrister - 3VB
Vijay Rathour - Partner, Head of the Digital Forensics Group - Grant Thornton
Panel discussing the use of how traditional litigation tools/procedure can be adapted to 21st century FIRE tech disputes:
- Practical solutions available to victims of crypto-asset theft from an asset recovery and financing perspective
- Foglia case
- Admissibility of evidence obtained through hacking
- Class actions and data claims
- How civil fraud has evolved with the ages and tech developments
Mike Cumming-Bruce - Vice President - Bench Walk Advisors
Robert Capper - Senior Managing Director - Ankura
Steven Gee QC - Barrister - Monckton Chambers
Valya Georgieva - Senior Associate - Penningtons Manches Cooper