Jessica Nall

Practice Areas

For more than twenty years, Jess has defended companies and individuals in government investigations and conducted internal investigations involving cutting-edge technology issues including AI, cybersecurity, and the alleged misuse of all kinds of data. She's defended the most complex and high-profile cybersecurity federal investigations to date, including the seminal SEC and SDNY investigation into the major cyber security breach at Yahoo, Inc., involving the theft of login credentials for over three billion users. More recently, she's defended clients in SDNY's investigation of FTX, Inc. including a related cyber incident leading to the theft of $477 Million from FTX by a threat actor employing a "SIM swapping" scheme.

Jess has represented more Chief Information Security Officers (CISOs) in federal investigations (and follow-on civil actions) than anyone in the United States, including representing an information security professional in the internal and government investigation leading up to the seminal prosecution in U.S. v. Joseph Sullivan.

More recently, Jess defended the very first Securities and Exchange Commission (SEC) enforcement action alleging misrepresentations in violation to Rule 10(b)5 as to the operation of AI models and the data inputs into them.

Jess has also defended clients in some of the highest profile trade secrets/economic espionage, national security, and sanctions/export enforcement cases in the nation, including the first economic espionage case brought under the DOJ and National Security Division's "China Initiative." Jess also defended the first case brought by the U.S. Antitrust Division alleging use of an algorithm in support of price collusion.

Professional Memberships

• Women’s White Collar Defense Association - Global Chair of Alumni & Membership, San Francisco Bay Area Founder and Chapter Leader (2006-present)

• American Bar Association - Co-chair, White Collar Crime Subcommittee for Northern California (2014-present)

• ABA Criminal Justice Section - Co-chair, Women in White Collar Subcommittee (2014-present)

• Founder: Women in Investigations Network (WIIN) (2020-present).

• Criminal Justice Section, Bar Association of San Francisco, Co-chair, Executive Committee (2010-2015)

• US District Court, Northern District of California - Panel attorney, Criminal Justice Act Panel (2015-2023)

Publications

• Author, "When Trade Secret Protection and Nat'l Security Converge," Law 360, 9 April 2024

• Author, "Come One, Come All: DOJ Extends Leniency Incentives to Corporate Wrongdoers Who Disclose Criminal Misconduct" Baker McKenzie Client Alert, 6 June 2024

• Author, "Navigating the Impending Global Sanctions Enforcement Storm," Baker McKenzie Blog Series, 24 March 2024

• Author, "Compliance Steps After ABA White Collar Crime Conference," Law360, 19 March 2024

• Author, "United States: Department of Justice announces new corporate compliance directives for AI along with increased penalties for AI-related misconduct," Baker McKenzie Client Alert, 12 March 2024

• Author, "North America: Navigating Regulatory Tides - A Deep Dive into Fiscal Year-End SEC and CFTC Enforcement Strategies," Lexology, November 14, 2023 (also featured in the winter 2024 edition of Ethisphere Magazine)

Expert in these Jurisdictions

USA

Languages Spoken

English

Education