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Cybersecurity in Securities Markets

Product Code - LGN254
Speaker(s): John R. Hewitt, Gibbons P.C.; Timothy P. Ryan, Kroll Advisory Solutions Cyber Investigations; Mark S. Sidoti, Gibbons P.C.; Kevin G. Walsh, Gibbons P.C.
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This program will provide compliance and information security officers and others in related roles at broker-dealers, investment advisers, and public and private funds with an in-depth understanding of cybersecurity requirements on a state and federal level. The faculty will address the evolution of cybersecurity laws and regulations in the securities markets and offer a detailed analysis of Regulation S-P and its proposed amendments, the identity theft Red Flags Rule, and state data security laws. This will include an extensive review of the requirements for comprehensive information security programs and data breach notification. The program will also give a detailed review of the National Institute of Standards and Technology’s new Cybersecurity Framework and the SEC’s new OCIE Cybersecurity Initiative.

The speakers will also review current software vulnerabilities, mobile app malware, BYOD problems, app store security and other current vulnerability issues. Current civil, regulatory, and criminal actions in this area will be also analyzed as well as relevant e-discovery issues.

Educational Objectives:

• Understand the effect of cybersecurity regulatory requirements on the daily business of a firm.
• Gain specific, timely, and practical guidance on the proper approach to ensure compliance with the relevant laws and regulations.
• Learn about the complex array of cybersecurity rules and regulations that govern broker-dealers, advisers, and funds and how to develop effective programs and procedures to comply with them.
• Discover how to take a step-by-step approach to manage the ever-evolving technical and regulatory issues of cybersecurity.

Who would benefit most from attending this program?

Chief Compliance Officers, Compliance Officers, Chief Information Officers, Chief Information Security Officers, legal officers, corporate counsel, and others involved in cybersecurity issues at broker-dealers, investment advisors, and public and private funds; also privacy and internet law practitioners.

Program Level: Intermediate
Prerequisite: A general understanding of financial security/privacy issues.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

John R. Hewitt, Gibbons P.C.; Timothy P. Ryan, Kroll Advisory Solutions Cyber Investigations; Mark S. Sidoti, Gibbons P.C.; Kevin G. Walsh, Gibbons P.C.

John R. Hewitt, Gibbons P.C.
John Hewitt, Director of the e-discovery Task Force with Gibbons P.C., focuses his practice on securities litigation, along with regulatory advice and counsel to broker-dealers, investment banks, and investment advisors. Mr. Hewitt has represented firms, their officers, and employees in SEC and FINRA enforcement investigations and enforcement actions. These matters have encompassed virtually every aspect of the federal securities laws, including equity and fixed income trading, net capital, Reg SHO, suitability, record retention, insider trading, and registration issues. Mr. Hewitt also advises and counsels clients in these areas of the law and is frequently invited to speak on related topics.

Mr. Hewitt has written extensively on the regulation of electronic technology in the securities markets, including a series of articles for the New York Law Journal, and has chaired and spoken at numerous seminars on the subject. Mr. Hewitt is the author a new Bloomberg BNA portfolio entitled Cybersecurity and the Federal Securities Markets and is the editor and author of Securities Practice & Electronic Technology, a treatise that addresses every facet of the use and regulation of electronic technology in the securities markets. Mr. Hewitt is the 1998 recipient of the Compliance Reporter Compliance Person of the Year award, was a participant in the Securities and Exchange Commission’s roundtable discussions on internet issues, and is listed on the International Who’s Who of e-Commerce Lawyers. Previously, Mr. Hewitt was Senior Vice President and Associate General Counsel at Lehman Brothers and Senior Counsel at the SEC's Division of Enforcement.

Mr. Hewitt earned an LL.M. from Georgetown University Law Center, a J.D. from Cleveland-Marshall College of Law, and a B.A. from John Carroll University. He is admitted to practice in Connecticut, Ohio, and the District of Columbia.

Timothy P. Ryan, Kroll Advisory Solutions Cyber Investigations
Timothy Ryan is Managing Director with Kroll Advisory Solutions Cyber Investigations, based in New York. He joined Kroll after a distinguished career as a Supervisory Special Agent with the Federal Bureau of Investigation (FBI), where he supervised the largest cyber squad in the United States.

An expert in responding to all forms of computer crime, attacks, and abuse, Mr. Ryan has led complex cyber investigations involving corporate espionage, advanced computer intrusions, denial of service, insider attacks, malware outbreaks, internet fraud, and theft of trade secrets. From 2009 through 2010, he served as Acting Director of the FBI’s New Jersey Regional Computer Forensic Lab, one of the nation’s largest, state-of-the-art digital forensic laboratories. He also conducted computer forensic examinations as a member of the FBI’s elite Computer Analysis and Response Team. Mr. Ryan has provided cyber expertise to state and local law enforcement on investigations of crimes including homicides, stalking, missing children, cyber-bullying, and internal affairs. A certified FBI instructor, he developed cyber-based curriculum and trained hundreds of law enforcement and private professionals in evidence acquisition, security policy and implementation, breach response and mitigation, hacker methodology, and employee internet safety.

Mr. Ryan is an adjunct professor at Seton Hall University School of Law, where he teaches cyber crime and cyber security to law students, prosecutors, defense attorneys, and homeland security professionals. He has been interviewed and quoted by numerous media outlets such as The Wall Street Journal and USA Today. Before joining the FBI, Mr. Ryan was an accomplished attorney in private practice in Arizona. Prior to practicing law, he served as military police with the U.S. Army during Operation Desert Shield and Desert Storm, for which he was awarded multiple commendations for service and actions on duty.

Mr. Ryan earned a J.D. from Rutgers University School of Law, an M.S. in Information Technology and Assurance from the University of Maryland, and a B.A. from Kean University.

Mark S. Sidoti, Gibbons P.C.
Mark Sidoti, Director and Chair of the e-discovery Task Force at Gibbons P.C., is a commercial and products liability litigator. He draws on his more than 26 years of litigation experience to help clients assess and surmount a wide range of business challenges that require savvy negotiation and, at times, aggressive litigation. Recognized as one of the preeminent practitioners in the complex, still-evolving field of e-discovery, Mr. Sidoti and his eDiscovery Task Force routinely provide clients with a full range of eDiscovery counseling and support.

Mr. Sidoti also lectures and publishes on e-discovery and information governance topics on a frequent basis. He has served on the faculties of the eDiscovery and Digital Evidence Conference at the Sandra Day O’Connor College of Law at Arizona State University and Georgetown Law School’s prestigious eDiscovery Training Academy, which received the 2012 Award of Professional Excellence from the Association for Continuing Legal Education (ACLEA). Mr. Sidoti serves on the Board of Editors of the leading treatise on e-discovery, and he is actively involved in numerous standard-setting organizations in the field, including the Defense Research Institute’s (DRI) Electronic Discovery Committee (where he serves as Immediate Past Chair), the Sedona Conference Working Groups 1 and 6, ARMA International (formerly the Association of Records Managers and Administrators), and Electronic Discovery Reference Model (EDRM). Mr. Sidoti was counsel for the plaintiff in the well-known Treppel v. Biovail case, which resulted in several reported decisions recognized as among the most important e-discovery opinions to date. He is recognized among New York’s leading lawyers in the area of business litigation by New York Super Lawyers, and is AV Preeminent peer review rated by Martindale-Hubbell.

Mr. Sidoti earned a J.D. from Fordham University School of Law and a B.S., summa cum laude, from Fordham University. He is admitted to practice in New York and New Jersey as well as before the U.S. District Courts for the Eastern, Southern, and Northern Districts of New York and the District of New Jersey and the Court of Appeals for the Third Circuit.

Kevin G. Walsh, Gibbons P.C.
Kevin Walsh, Director of the Business & Commercial Litigation Department at Gibbons P.C., utilizes his background as a former Assistant United States Attorney for the District of New Jersey to effectively and efficiently defend corporate clients and individuals who are working through complex internal or government investigations. Calling upon his experience as a former federal prosecutor, Mr. Walsh regularly assists corporations and individuals in responding to grand jury subpoenas received from the Department of Justice and various state investigators. He has also represented individuals in a wide range of federal and state criminal inquiries, often times convincing prosecutors not to file charges. When necessary, Mr. Walsh has defended his clients in prosecutions alleging violations of federal health care laws, such as the Anti-Kickback Statute; federal prescription drug laws; federal campaign finance laws; federal criminal intellectual property laws; federal laws regulating on-line internet gambling; and state assault, drug, and narcotics laws.District of New Jersey.

From 2003 through 2008, Mr. Walsh served as an Assistant United States Attorney for the District of New Jersey, where he prosecuted criminal cases involving money laundering, wire and mail fraud, mortgage fraud, identity theft, and income tax evasion. For one year prior to leaving government service, Mr. Walsh was one of New Jersey’s two “CHIP” prosecutors, specifically designated to prosecute Computer Hacking and Intellectual Property crimes.

Mr. Walsh earned a J.D. from Seton Hall University School of Law, where he served as Editor-in-Chief of the Seton Hall Law Review, and a B.A., magna cum laude, from Seton Hall University. He is admitted to practice in New York and New Jersey as well as before the U.S. District Courts for the Southern and Eastern Districts of New York and the District of New Jersey.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to

Cybersecurity in Federal Securities Markets , a volume in the Bloomberg BNA Securities Practice Portfolio Series, describes the evolution of cybersecurity laws, regulations, and self-regulatory organization directives.