Tech on FIRE

In partnership with the Tech Disputes Network

28th April 2022 - One Moorgate Place, London 

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Agenda

Registration
9.45am

Chairs' Welcome
10.15am

Sam Goodman, Barrister
Twenty Essex

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

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

9.45am
Registration
10.15am
Chairs' Welcome
Sam Goodman - Barrister - Twenty Essex
10.20am
Keynote: Digital & Cyber Fraud
Professor Sarah Green - Commissioner for Commercial and Common Law - Law Commission
10.50am
Don’t Bank on it - Old targets, New Claims How new technology has made banks vulnerable to litigation

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
Elizabeth Meade - Senior Associate - Cooke, Young & Keidan
11.30am
Refreshment Break
12.00pm
Whose Key is it Anyway? Data theft and rogue employees
  • 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
12.40pm
Lunch
2.00pm
Ransomware 101

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
2.40pm
FIREfighting - Tech & Reputation Management in Fraud Claims
  • Defamation
  • Malicious falsehood online
  • Non-disclosure injunctions
Victoria McEvedy - Principal & Founder - McEvedys
Rob Mindell - Managing Director - FTI Consulting
Catrin Evans KC - Barrister - Matrix Chambers
3.20pm
Refreshment Break
3.40pm
Latest Trends in Crypto-Currency Disputes

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
4.20pm
Catching FIRE: Traditional Tools & New Frontiers

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
5.00pm
Chairs' Closing Remarks
5.10pm
Drinks Reception

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