From massive ransomware attacks to insider trading, cyberattacks pose an increasing costly threat to the financial sector in the U.S. and abroad. In this program, Cadwalader, Wickersham & Taft attorneys Joseph Facciponti and Joseph Moreno review latest trends in cybersecurity, including the evolving nature of cybercrime and cybercriminals; what financial institutions can do to mitigate their cybersecurity risk and how they can effectively respond to a cyberattack; and the legal obligations and potential sources of liability for businesses that fail to adopt adequate cybersecurity practices and procedures.
Joseph Facciponti is a special counsel in Cadwalader’s New York office with 11 years of experience as a federal prosecutor and as corporate counsel at a large financial institution. His practice focuses on representing corporations, financial institutions and individuals in investigations, regulatory enforcement actions, and litigation concerning white collar crimes, computer crimes and commercial disputes.
Prior to joining Cadwalader, Joseph held an executive-level position in the legal department of HSBC Holdings, where he was responsible for leading global investigations of matters involving money laundering, sanctions, tax and anti-bribery laws, including the Foreign Corrupt Practices Act. As counsel for HSBC, Joseph also advocated for the bank’s interests before U.S. and foreign regulators as well as HSBC’s independent monitor.
From 2005 to 2014, Joseph was an Assistant United States Attorney at the U.S. Attorney’s Office for the Southern District of New York, where he handled complex and high-profile cases involving financial crime, computer hacking and intellectual property theft. He represented the U.S. government in Manhattan federal court in a broad range of matters, including six cases tried to verdict in jury and bench trials, and several appeals argued before the Second Circuit. In 2010, Joseph received an FBI Director’s Award for outstanding cyber investigation based on his work in investigating and disrupting a computer hacking ring that targeted financial institutions.
Joseph clerked for United States District Judge Kenneth M. Karas in the Southern District of New York and United States District Judge Nancy F. Atlas in the Southern District of Texas. From 2002 through 2004, Joseph worked as a litigation associate at Sullivan & Cromwell LLP, where he handled complex commercial litigation, international arbitration, and pro bono death penalty matters.
Joseph graduated, magna cum laude, from Cornell Law school in 2001 and obtained a B.A. in Philosophy from Yale University in 1996. At Cornell, he was editor-in-chief of the Cornell International Law Journal. He is admitted in New York.
Joseph Moreno, a former federal prosecutor, is a partner in Cadwalader’s White Collar Defense and Investigations Group. Dual qualified to practice in the United States and as a solicitor in England and Wales, Mr. Moreno has extensive trial and appellate experience handling complex investigations and litigation involving the U.S. Department of Justice, the Securities and Exchange Commission, the U.S. Department of Defense, and other domestic and international regulators and law enforcement agencies. Representative matters have involved money laundering, cyber fraud, securities and accounting fraud, insider trading, the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and other white collar criminal and civil matters.
Mr. Moreno rejoined Cadwalader after serving at the U.S. Department of Justice in the National Security Division’s Counterterrorism Section, where he investigated and prosecuted international money laundering, material support, structuring, and terrorist financing cases. He was also appointed a Special Assistant United States Attorney for the Eastern District of Virginia, where he prosecuted a wide variety of criminal cases and successfully argued before the U.S. Court of Appeals for the Fourth Circuit. Mr. Moreno has extensive experience handling classified litigation pursuant to the Classified Information Procedures Act, and in government surveillance matters relating to the Foreign Intelligence Surveillance Act and the USA PATRIOT Act. In 2011, he was awarded the Anti-Defamation League's SHIELD Award for his prosecution of the "DC Metro Bomber" case.
In 2014, Mr. Moreno was appointed as a consultant to the Federal Bureau of Investigation (FBI), where he served on the staff of the FBI 9/11 Review Commission. In that position, Mr. Moreno assisted the Commission in its Congressionally-directed mandate to evaluate the FBI's performance in addressing the threat of domestic and international terrorism.
A decorated combat veteran, Mr. Moreno is a Lieutenant Colonel in the U.S. Army Reserve and has served on active duty as a military prosecutor in Europe, the Middle East, and Africa. In 2004, he was awarded the Bronze Star Medal for his service in Iraq. In 2005, he served as the legal advisor to a multinational counterterrorism task force in Djibouti. Mr. Moreno is a recognized expert in the area of international and operational law, and is a regular speaker before military and civilian audiences in the United States and overseas. He serves as Chairman of Cadwalader's Veterans Affinity Network.
Prior to joining Cadwalader, Mr. Moreno was an associate in the Structured Finance and White Collar Crime Groups at Skadden, Arps, Slate, Meagher & Flom LLP. In 2014, he was named to Stony Brook University’s “40 Under 40” Alumni list, and received the Distinguished Veteran Alumni Award from St. John’s University. Mr. Moreno was named a “Rising Star” by Washington, D.C. Super Lawyers Magazine in 2014 and 2015, and a "Super Lawyer" in 2016 and 2017.
Mr. Moreno earned his undergraduate degree in political science, cum laude, from Stony Brook University, where he was elected to Phi Beta Kappa, his J.D., cum laude, from St. John's University School of Law, where he was a Senior Staff Member of the St. John's Law Review, and his M.B.A. with Honors from St. John's University Peter J. Tobin College of Business. He is a member of the bars of the State of New York and the District of Columbia, and is admitted as a solicitor in England and Wales. Mr. Moreno is also a certified public accountant (CPA).
Very knowledgeable team. Thanks.
Excellent program. Thank you Messers Facciponti and Moreno!
Great Course, some cybersecurity background is recommended!!!
This was an informative presentation. But scary.
Extremely timely and relevant topic
I thought the two Josephs were very good.
The two Joes were great. A very informative presentation.
Extremely troubling, yet eye opening.
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