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Kellen Dwyer

About Kellen Dwyer

Kellen Dwyer is partner and co-leader of Alston & Bird’s National Security & Digital Crimes practice. He previously served in the Justice Department in several cyber and national security roles. As an assistant U.S. attorney in the Eastern District of Virginia, he obtained a computer hacking indictment against Julian Assange and represented the United States at Assange’s extradition hearings in London.

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DOJ Issues New Policy on CFAA Prosecutions

May 19, 2022 By Kellen Dwyer, Kim Peretti and Jon Knight

Today, the Department of Justice (“DOJ”) updated its policy regarding charging violations under the Computer Fraud and Abuse Act (“CFAA”).  This is the first update to the DOJ’s policy since 2014, and it is effective immediately.  The policy states that all federal prosecutors who wish to charge cases under the CFAA must follow the new […]

Filed Under: Cybercrime, Digital Crimes

Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

February 7, 2022 By Kim Peretti, Kellen Dwyer and Jody Hunt

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine if the defendants’ cybersecurity compliance disclosures were materially incomplete and if any misstatements were knowingly made. On February 1, […]

Filed Under: Cybersecurity, Data Protection, Data Security, FCA Tagged With: Compliance, cybersecurity, Data Protection, False Claims Act

Russia Arrests Suspected Members of REvil Ransomware Gang

January 19, 2022 By Kellen Dwyer and Kim Peretti

Russia’s Federal Security Service (“FSB”) issued a press release on January 14, 2022 claiming that it dismantled the REvil ransomware gang by arresting 14 suspected members and seizing computer equipment, luxury vehicles, bitcoin, and fiat currency valued at over $1 million. REvil is a notorious cybercriminal organization that claimed responsibility for a ransomware attack last […]

Filed Under: Cybercrime, Enforcement, International, Russia Tagged With: Cross-border, enforcement, ransomware, Russia

CISA Releases Warning of Destructive Malware Targeting Ukrainian Organizations

January 18, 2022 By Kim Peretti, Kellen Dwyer and Lance Taubin

On January 16, 2022, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) released a warning regarding destructive malware targeting Ukrainian organizations, including Ukrainian government agencies. The malware was found in multiple government, non-profit, and information technology organizations, all based in Ukraine. CISA’s warning comes on the heels of a separate targeted attack […]

Filed Under: Cybersecurity, International, Russia

Department of Justice Announces New Civil Fraud Cybersecurity Enforcement Team

October 7, 2021 By Kellen Dwyer, Kim Peretti and Jon Knight

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the launch of the Department of Justice’s Civil Cyber-Fraud Initiative.  The Department plans to use civil enforcement tools to “pursue…those who are government contractors who receive federal funds, when they fail to follow required cybersecurity standards.”  Stating the Department will pursue “very hefty fines,” […]

Filed Under: Cyber Risk, Cybersecurity, Data Security, Enforcement Tagged With: cybersecurity, Department of Justice (DOJ), False Claims Act, government contractors, Qui Tam

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