Jessica Nall

Jessica Nall

Partner
Baker & McKenzie LLP

Biography

Jess is a technology investigations partner practicing at the forefront of government enforcement in the technology industry. Jess leads Baker McKenzie's investigations and compliance practice on the West Coast.

For more than two decades, Jess has defended companies and individuals in government investigations and conducted internal investigations involving cutting-edge technology issues including AI, cybersecurity, and alleged misuse of all kinds of data. Jess has defended companies and individuals across the Asia Pacific region since the first DOJ Antitrust cartel investigations in 2003, and has a deep understanding of cultural issues impacting investigations in that region and across the globe.

Jess has been recognized by Chambers & Partners, The Legal 500, and Global Investigations Review for internal investigations and defense in cases involving White Collar Crime & Government Investigations.

Practice Focus

Jess's defense practice focuses on the intersection of government enforcement and emergent technology and geo-political issues including artificial intelligence, cyber security, economic espionage, and the use of technology for anti-competitive purposes.

Jess has defended the most complex and high-profile cybersecurity federal investigations to date, including the historic SEC and SDNY investigation into the cyber security breach at Yahoo, Inc. involving the theft of login credentials for over three billion users. More recently, Jess has defended clients in SDNY's investigation of FTX Trading, Ltd. and a related cyber-breach leading to the theft of USD 477 Million from FTX by an unknown threat actor.

In 2022, Jess defended the very first Securities and Exchange Commission (SEC) enforcement action alleging misrepresentations as to the operation of AI models and data inputs into them. Jess is presently defending clients in some of the seminal federal criminal and regulatory investigations of AI companies and systems. 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.

Clients appreciate Jess for her practicality, her quick mastery of complex and emergent technology issues, her strategic thinking, and her deft ability to assemble effective defense and internal investigations teams domestically and across the globe.

Representative Legal Matters

  • Conducted complex and wide-ranging global internal investigation for one of the highest profile technology companies in Silicon Valley regarding allegations of intentional non-compliance with laws in 40+ international jurisdictions.

  • Represented the former CEO of a Silicon Valley-based data analytics and Artificial Intelligence company in a groundbreaking enforcement action by the Securities and Exchange Commission regarding the data inputs into an AI model.

  • Represented a global financial services company in a complex international data security incident including conducting international internal investigation and employing complex civil litigation in a successful effort to obtain the return of critical PII data stolen by a former company insider.

  • Represented former officer of FTX, Ltd. in SDNY investigation and related prosecution including with regard to high profile theft of $477 million by an unknown threat actor.

  • Represented one of the largest technology companies in California in a global evaluation of government surveillance obligations as well as conducting a range of crisis-driven internal investigations involving emerging tech industry issues.

  • Representing Bay Area medical doctor in complex and high-profile 30+ defendant health care fraud prosecution involving allegations of kick-backs to home health care agency Amity Home Health.

  • Representing main defendant in 40+ defendant complex health care fraud and RICO prosecution (United States v. Karapedyan, et. al., 3:15-cr-00234, U.S. District Court for the Northern District of California).

Prior to joining the Firm, Jessica handled the following matters:

  • Represented Chief Information Security Officers, in-house counsels, information security employees, officers and directors of Yahoo, Inc., in complex criminal and regulatory investigation involving the theft of user credentials for over three billion users in a state-sponsored attack. The investigation resulted in the historic SEC settlement and order In the Matter of Altaba Inc., f/d/b/a Yahoo! Inc. (Administrative Proceeding File No.: 3-18448) applying for the first time principles of SEC Rule 10(b)5 to representations made in connection with a security breach.

  • Represented an indicted individual in high-profile trade-secrets theft and economic espionage criminal case (United States v. United Microelectronics Corp., 3:18-cr-00465, US District Court for the Northern District of California). This was the first case brought under the Department of Justice’s “China Initiative” announced in November 2018.

  • Represented key witness in high-profile trade secrets case alleging theft of trade secrets related to cutting-edge semiconductor technology by organizations linked to the Chinese government, United States v. Shih, 2:18-cr-00050(A)-JAK, US District Court for the Central District of California.

  • Represented the City and County of Honolulu in connection with various federal criminal public corruption investigations in Honolulu and related proceedings in federal District Court in Hawaii.

  • Represented Bay Area school lunch company regarding criminal case alleged against Chief Operating Officer for alleged cyber-breach against competitor including conducting internal investigation.

  • Represented UK national indicted in the Northern District of California for US. antitrust Sherman Act Section 1 violations related to online sales. The case involved international extradition and INTERPOL issues as well as the first of its kind antitrust prosecution for alleged use of algorithms to fix prices.

  • Represented the Audit Committee of a publicly traded Bay Area technology company in complex internal investigation involving revenue recognition issues and related whistleblower allegations of financial fraud in global operations.

Professional Honors

  • Leading Individual, Litigation: White-Collar Crime & Government Investigations in California, Chambers USA 2020 - 2023
  • Key Individual, the Legal 500 Corporate Investigations and White-Collar Criminal Defense In United States 2023
  • Top Women in Investigations, Global Investigations Review, 2021
  • Benchmark California Star - 2019, White Collar Crime, Benchmark Litigation, 2018-2020
  • 40 & Under Hotlist, Benchmark Litigation, 2018, 2020
  • Rising Stars, White Collar Crime, Law360, 2017
  • Top Women Lawyers in California, Daily Journal, 2017
  • Top 40 Under 40, San Francisco Business Times, 2013
  • Women Leaders in Law in California, The Recorder, 2012
  • Top 20 Under 40 attorneys in California, Daily Journal, 2010
  • Northern California Super Lawyers, White Collar Crime, 2013-2019
  • Northern California Rising Stars, White Collar Crime, 2009-2012

Professional Associations and Memberships

  • Women’s White Collar Defense Association - Global Chair of Alumni & Membership, San Francisco Bay Area 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)
  • 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-present)
  • Women Defenders - Member, Board of Directors (2007-2010)
  • Jewish Vocational Services - Member, Strictly Business Committee (2010-2013)

Admissions

  • California~United States

Education

  • MIT Sloan School of Executive Management and Computer Science and Artificial Intelligence Laboratory (CSAIL) (Certificate, Artificial Intelligence: Implications For Business Strategy) (2024)
  • Harvard Law School (JD, Member of Board of Student Advisers; Associate Articles Editor, Harvard Women's Law Journal) (2001)
  • University of California, Berkeley (BA, Phi Beta Kappa; Legal Studies Department, Valedictorian, Graduation speaker (highest GPA in the Legal Studies Department)) (1998)

Languages

  • English

Articles

Presentations

  • Speaker, Cyber and AI Liability and Risk Management for Board Members, Private Directors' Association, 20 March 2024

Firm Committee Memberships

  • North America Litigation & Government Enforcement