MELBOURNE: Association of Corporate Counsel (VIC) and Piper Alderman | Cyber security: to pay or not to pay a ransom demand

Raymond Loh is the Product Leader of Cyber and Technology for AXA XL in Australia. Raymond has over 12 years of experience working in the insurance industry holding senior roles in financial lines claims and previous to his current role, Raymond was the Cyber Claims Lead for AXA XL. Raymond is also an admitted lawyer in New South Wales and regularly speaks at industry events and has authored a number of publications on cyber risks.

Brendan’s two decades of experience in forensic technology and investigations includes 10 years within the Queensland Police Service. A founding member of the High-Tech Crime Investigation Unit, he worked alongside State, Federal and International law enforcement agencies, including the US Secret Service, co-ordinating multi-jurisdictional investigations into fraud and cyber related criminal activity. Brendan has led complex cyber incident responses for businesses and government agencies. He has given evidence in many matters before District and Magistrates courts and in civil proceedings where digital evidence has been critical to the outcome.

Craig is an intellectual property and technology lawyer with expertise in all facets of IT contracting and procurement, including advising on competitive procurement processes and the preparation and negotiation of supply and service contracts, such as anything-as-a-service, agile software development, hardware supply and maintenance contracts and managed services arrangements. He has also worked with clients to develop terms of use for electronic commerce platforms.

Craig is experienced in data security and information privacy matters, such as preparing privacy and credit reporting policies, employee procedures and data breach response plans, as well as delivery of privacy training. Craig has a broad knowledge of Victorian and Commonwealth privacy laws, as well as the GDPR. Craig has advised a number of clients on compliance with the mandatory data breach notification requirements under the Privacy Act, including whether a data breach is notifiable and the preparation of notifications and applications for exemption from notification requirements.

As a registered trade mark attorney, he has routinely advised and represented clients in relation to intellectual property protection, commercialisation and enforcement. Craig has worked with clients to recognise and protect their valuable intellectual property assets, including identifying those assets and taking steps to protect the assets through registration (if available). He has prepared and negotiated commercialisation agreements, including licence agreements, collaboration agreements and research and development agreements.

Steven advises on financial services and fintech, with a particular focus on digital assets regulation and disputes. Steven represents leading financial institutions, fintechs, digital currency exchanges, startups, venture capital and funds.  He has 14 years’ experience as a start-up founder and litigation specialist. Steven has a rare combination of commercial, legal and entrepreneurial skills. He adopts a highly commercial approach and is focused on helping clients to navigate regulatory complexity and achieve commercial outcomes.

Steven has experience with commercial contracts, corporate law, disputes, financial services and cryptocurrency regulation, regulatory investigations, and enforcement. He has advised on fraud investigations, insider trading, market manipulation, cyber frauds and asset recovery, IP theft, mis-selling, governance and directors’ duties, AML/CTF and sanctions issue. His experience includes advising on regulatory investigations involving ASIC as well as the DOJ, CFTC, MAS, HKMA, SFC and the FCA. He has acted on litigation before the UK Supreme Court and in the Hong Kong and Australian Courts. Steven also advises on arbitration and has experience in relation to international arbitration, investment treaty disputes, interim relief and enforcement of arbitral awards.

Steven trained at a Magic Circle law firm in London and worked for one of Australia’s leading disputes practices prior to joining Piper Alderman. His previous experience includes:

• cyber-frauds, freezing injunctions, disclosure orders and asset recovery proceedings;
• a multi-jurisdictional regulatory investigation involving alleged manipulation of foreign exchange markets;
• a regulatory investigation involving a fintech company concerning its marketing representations and collections practices;
• regulatory investigations and disputes relating to the handling of client securities;
• shareholder disputes involving allegations of oppression and breaches of directors’ duties;
• a contractual interpretation dispute before the UK Supreme Court;
• an internal investigation involving alleged fraud by a senior employee;
• disputes relating to the alleged theft of proprietary information; and
• various complex securities and insolvency disputes arising from the collapse of Lehman Brothers.

Steven also has experience as a start-up founder and previously ran a Delaware incorporated Public Benefit Corporation. Steven is admitted and has practised in Australia, Hong Kong and England & Wales.

Vanessa Reinehr is Legal Counsel at RMIT University, supporting the Online, Property, Industry Engagement, Education and Compliance and Risk portfolios, as well as RMIT Activator, the university’s entrepreneurial start-up incubator. Vanessa is also a member of RMIT’s Critical Incident Management Team which assists RMIT manage critical incidents such as cyber-attacks and data breaches.