Title: 2016 Forensics: How Technology Impacts Internal Investigations

Date: March 18, 2016

Time: 3:45 PM to 5:00 PM Moderator Adria Perez Partner Kilpatrick Townsend & Stockton LLP Atlanta, GA Panelists Karen Schuler Managing Director BDO Consulting Washington, D.C. Jaqueline Arango Partner Chair, White Collar Crime & Government Investigations Practice Akerman Miami, Florida

Tab 1 – Biographies or CVs

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Adria L. Perez Partner

Atlanta | 404 745 2573 Aperez@KilpatrickTownsend.com

Services White Collar Crime & Internal Investigations, Health Care Litigation, Subprime & Credit Markets Litigation, Big Data, Privacy & Cybersecurity, Government & Regulatory

Adria Perez focuses her practice on representing both corporations and individuals in white collar criminal defense matters, government enforcement issues, as well as internal, criminal and SEC investigations. Her experience includes handling issues relating to the Foreign Corrupt Practices Act, False Claims Act (including government contracting, healthcare and tax matters), Civil Investigative Demands and export enforcement. Ms. Perez assists clients in responding to inquiries from and government investigations conducted by the DOJ, SEC, OCC and Office of Inspector General from a variety of federal agencies. She also counsels clients on developing and strengthening compliance programs and policies.

Ms. Perez is a member of the firm’s Pro Bono Committee. She was recognized as a 2011 “40 Under 40” Rising Leader by the Atlanta Business Chronicle. In 2015 and the three years immediately preceding, Super Lawyers magazine recognized Ms. Perez as a Georgia “Rising Star” in the area of White Collar Criminal Defense. In 2013 and 2014, she was listed as a Georgia Trend “Legal Elite” in the area of Criminal Law.

Ms. Perez is fluent in Spanish. Para ver esta biografía en español, presione aquí.

Experience Highlights FCPA declination by DOJ and SEC Obtained a complete declination by Department of Justice and SEC of an FCPA matter for a public company client. Conducted a multi-national FCPA investigation and provided a voluntary disclosure to DOJ and SEC on behalf of an Audit Committee. Also assisted with training and instituting compliance improvements.

FCPA internal investigation concerning alleged conduct in the Caribbean Conducted an internal investigation into FCPA issues in the Caribbean for a public company, and later, provided extensive training to executive officers, the legal department as well as employees.

Conducted FCPA internal investigation in South America Conducted an internal FCPA investigation for a public company relating to conduct in Argentina. The investigation included reviewing materials in Spanish and conducting interviews of Argentine and Chilean employees in both Spanish and English. The investigation’s findings were favorable to the client.

FCPA advice for consumer goods manufacturer Advised an international consumer goods manufacturer on FCPA issues as well as assisted in drafting its FCPA policy, guidelines and contract language.

Conducted FCPA internal investigation for international public company Performed an internal investigation for an international public company into FCPA issues in Brazil, Portugal and Africa.

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Conducted an international anti-corruption internal investigation for a Fortune 100 company Conducted an internal investigation in the United States, Saudi Arabia, Jordan, Turkey and Dubai into anticorruption issues for a Fortune 100 company in response to a government inquiry. Assisted company with government disclosures to DOJ.

Internal investigation regarding bid-rigging and bribery Conducted an internal investigation for a public company concerning potential bid-rigging and bribery.

Represented medical practice in False Claims Act litigation Reached a favorable settlement with a relator, the federal government and State of Georgia for a medical practice in a Federal False Claims Act litigation brought by a former employee.

Successfully responded to a civil investigative demand and persuaded the DOJ not to take any action against client Conducted an internal investigation and represented a healthcare company in responding to a civil investigative demand and investigation into whether the company violated the False Claims Act. After over two years of investigating, the DOJ decided to close the matter without taking any action against the company.

Successfully represented government contractor in False Claims Act investigation Persuaded U.S. Attorney’s Office not to indict a government contractor after a two year False Claims Act investigation.

Investigation by DOJ of whistleblower claims In less than four months, convinced the Civil Division of the Department of Justice that a whistleblower’s claims against a company did not merit the Government’s intervention into a sealed qui tam litigation. Soon after, the whistleblower voluntarily dismissed her litigation.

Convinced DOJ not to take action in a theft of trade secret investigation In less than three months, we convinced the Department of Justice not to take any action against a client employee for allegedly stealing trade secrets from a competitor. During the investigation, our client continued to be a witness and did not have any criminal exposure.

Represented a construction company executive during parallel investigations by the SEC & DOJ Represented an executive at a public construction company during parallel investigations by the SEC & DOJ and convinced the DOJ to use the executive as a cooperating witness during a criminal trial.

Represented client in the DOJ’s largest antitrust investigation Represented a former broker during the DOJ’s largest antitrust investigation and convinced the DOJ to use the client as a cooperating witnesses as well as successfully obtained a lenient sentence for the client.

Represented employees in an export investigation Represented a group of employees in an investigation by a U.S. Attorney’s Office, the Nuclear Regulatory Commission and Immigration & Customs Enforcement relating to the export of medical devices to sanctioned countries.

Publications, Articles & Speeches The Foreign Corrupt Practices Act and International Anti-Corruption Efforts, September 2015

Doing Business in Brazil: Exploring Cross-Border Legal Issues, June 2015

Uncle Sam Wants You! How to Handle Government Raids, Investigations, and Government Contract Crises, January 2015

Mind the Gap – A Discussion on the Confidence Gap Between Men and Women, November 2014

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DuPont Minority Corporate Counsel Conference, June 2014

Unexpected Government Attention, May 2014

Avoid Club Fed: White Collar Crime and Corporate Investigations, September 2013

Money Laundering – International Transactional Considerations, April 2013

Corporate Executives in the Crosshairs: White Collar Crimes and Parallel Prosecutions, March 2013

Circuit Training: 10 Legal Issues Every Lawyer Should Understand, February 2013

Scary Stuff: Potential Civil & Criminal Liability Related to Federal Dollars, September 2011

“Parallel Lives: How Brazil and the United States Consider Leniency Agreements and Compliance Programs,” Inside Newsletter, November 2015

“Not Business As Usual: Avoiding Criminal Penalties When Interacting with Public Officials,” Bloomberg Law Reports, October 2011

“Metadata: What You Don’t Know Can Hurt You,” Fulton County Daily Report, March 2008

Professional & Community Activities Atlanta Volunteer Lawyers Foundation, Board of Directors, Member

Georgia Latino Law Foundation, Board of Directors, Member

LEAD Atlanta Class of 2012, Member

American Bar Association, Member

Georgia Hispanic Bar Association, Member

Hispanic National Bar Association, Member

Hispanic National Bar Association, Latina Commission, Member (2015-2016)

Education Columbia University, J.D. (2004)

Florida State University, B.A., International Affairs and Spanish, summa cum laude (2001)

Parker School of International Law, Certificate in Comparative and International Law

Bar Admissions Georgia (2004)

Admissions U.S. District Court for the Northern District of Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of Georgia

Biography

BDO Consulting is a division of BDO USA, LLP, a Delaware limited liability partnership and the U.S. member of BDO International Limited. BDO International Limited is a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.

Karen Schuler, CFE, IGP, IGP BDO Consulting Managing Director Information Governance Practice Leader EXPERIENCE SUMMARY

Karen Schuler has more than 20 years of experience in multidisciplinary investigations, technology and disputes including matters involving intellectual property, trade secrets, contracts, corruption, and products liabilities, across multiple industries. She is a nationally known speaker and author on advanced topics in e-discovery, digital forensics, investigations, and technology implementation and systems integration.

Advising clients on all aspects of the investigative spectrum, Ms. Schuler helps organizations evaluate risk and compliance requirements, respond to matters in an efficient and cost-effective manner, and respond to internal and external risks. She is skilled in managing large multidisciplinary matters where her clients are faced with complex issues during internal investigations, cyber investigations, or litigation. Ms. Schuler has participated in Rule 26(f) meet-and-confer conferences, and has provided 30(b)6 testimony, fact, and opinion testimony regarding technology, software functionality, preservation, electronic discovery and digital forensics.

Author of “eDiscovery: Creating and Managing an Enterprise-wide Program | A Technical Guide to Digital,” a comprehensive book on information governance and e-discovery, she frequently publishes and presents at conferences and has been quoted in the media. Prior to BDO, she was founder of one of the first digital forensics consulting firms in the 1990’s, lead Kroll’s Global Information Security and Cyber Investigations business, and was a Senior Forensics Examiner for the U.S. Securities and Exchange Commission. She is a board member of an information management and governance company, current member of the Association of Certified Fraud Examiner’s Advisory Council, and served previously on the board of the MidAtlantic Chapter of HTCIA. PROFESSIONAL AFFILIATIONS AND COMMITTEE ACTIVITIES

Association of Certified Fraud Examiners (ACFE) American Health Information Management Association (AHIMA) Association of Records Managers and Administrators (ARMA) International Association of Privacy Professionals (IAPP) American Institute of CPA’s, Associate Member (AICPA) Sherpa Software Board of Directors Association for Information and Image Management (AIIM)

kschuler@bdo.com Office: 703-336-1533 Mobile: 202-386-8695

8405 Greensboro Drive Suite 800 McLean, Virginia 22102

799 9th Street, NW Suite 710 Washington, DC 20001 www.bdoconsulting.com

REPRESENTATIVE TESTIMONY

• Declaration, L.V. Hall v. Toyo Tire & Rubber, Co., June 2013 • Declaration, Elliott Company v. Tetlow et al (4:13-cv-01566), March

2013 • Affidavit and Deposition, Kenneth Goldsborough and Mary

Goldsborough vs. Bucyrus International, Inc., Bucyrus America, Inc., Bucyrus Mining Equipment, Inc., Wolf Run Mining Company, Hunter Ridge Coal Company, ICG, Inc. and ICG, LLC, 2013

• Testimony, L.V. Hall v. Toyo Tire & Rubber Co., January 2013 • Affidavit and Deposition, John B. Mazur, Plaintiff, v. TRG Holdings

LLC, et al., Defendants, Superior Court of the District of Columbia Civil Division, Civil Action No. 08 CA 000809, Deposition and Declaration, 2009 - 2010

• Affidavit and Testimony, Heritage Manor v Masanoff et. al., US Circuit Court, 15th Judicial Court, May 2008

• Affidavit, SonoMedica, Inc. v. Mohler et al, Eastern District of Virginia (Alexandria), 1:08-cv-00230-GBL-TRJ, 2008

• Affidavit, Mary Ann Bain Gouge, vs. Carolyn M. Clawson, Guilford, North Carolina Superior Court Division, July 2008

• 30(b)6 expert for Warnaco, Doyle & Boissiere Fund I, LLC v. Warnaco, Inc., 2006 - 2008

• 30(b)6 expert for Williams Companies, 2007 - 2008 • 30(b)6 expert for New Jersey Department of Environmental Protection,

et al. v. Atlantic Richfield Co., et al., 08 Civ. 00312. Master File No. 1:00-1898, MDL No. 1358 (SAS), No. M21-88. United States District Court, S.D. New York, 2007 - 2008

• Declaration, U.S. SEC Securities and Exchange Commission v. One or More Unknown Purchasers of Call Options for the Common Stock of InVision Technologies, Inc., 04 Civ. 02037 (WHP) (S.D.N.Y.), 2004

• Declaration, U.S. SEC, Securities and Exchange Commission v. Gary V. Morris, Civil Action No. H-04-3096, U.S.D.C./Southern District of Texas (Houston Division), 2004

• Declaration, U.S. SEC, Securities and Exchange Commission v. Hollinger International, Inc., U.S. District Court for the Northern District of Illinois, Case No. 04C0336 (N.D. Ill. 2004); Declaration, U.S. SEC, U.S. Securities and Exchange Commission v. Conrad M. Black, et al., U.S. District Court for the Northern District of Illinois, Case No. 04C03761 (N.D. Ill. 2004), 2004

• Declaration, Globespan, Inc. v. John O’Neill, No. CV 01-04350 LGB (CTx), US District Court, C.D. California, 2001

REPRESENTATIVE EXPERT CONSULTING AND INDUSTRY EXPERIENCE

Manufacturing and Construction • Consulting expert, Gentex Corporation v. Brad Sutter, Patrick Walko,

BAE Systems Aerospace & Defense Group, Inc., BAE Systems AH Inc., and BAE Systems Specialty Defense Systems of Pennsylvania, Inc., Civil Action No. 3:07-cv-1269; Investigated allegations of the theft of intellectual property as a result of 16 employees departing and joining a global competitor.

• Internal investigation and e-discovery, U.S. Securities & Exchange Commission Inquiry and In Re: The Mills Corporation Securities

Litigation. • Determine whether client violated the anti-bribery, books and records

and internal controls provisions of the FCPA. Investigated whether the company violated federal statutes around the sales of explosive detection machines to airports in China, Thailand, and The Philippines.

• Litigation support efforts to determine whether multiple targets of the investigation improperly disclosed their accounting practices. Allegations included cost overruns with estimated recoveries on claims the company had not yet resolved with its customers and whether changes met GAAP standards.

Energy and Oil & Gas Industry • Managed a global consulting team that evaluated physical and IT

security requirements for a Fortunate 100 oil and gas company in the process of building a pipeline in the Middle East.

• Provided forensics and e-discovery response solutions for an U.S. energy company responding to U.S. Nuclear Regulatory Commission (NRC) construction and operating license application (COLA.)

• Developed an enterprise-wide records management, litigation hold and e-discovery response system for a major U.S. energy company.

• Investigated allegations of FCPA violations related to the Nigerian oil & gas bribery matters.

Retail & Entertainment • Managed a team of cyber investigators, forensic examiners and

security analysts that investigated external data leakage concerns within a major retail operation, resulting in the identification of hundreds of host vulnerabilities.

• Evaluated previous legal hold, preservation and data collections performed by the client and provided expert consulting services during 26(f) meetings.

• Investigated allegations of newspaper circulation inflation and payments diversion, which resulted in criminal charges and the incarceration of two executives.

• Investigated whistleblower allegations of accounting misstatements within a national retail construction and management company, which resulted in restatements.

Technology & Telecommunications • Investigated and reported to the Federal Reserve System and Treasury

as to whether the company shared sensitive U.S. information with non-U.S subsidiaries; identified locations of information and remediated improper dissemination of information.

• Managed the software code and software code block analysis between versions of sensitive U.S. government information to map out remediation requirements.

• Investigated allegations into the theft of intellectual property regarding information dissemination to competitors and non-company

parties; compared software code versions between parties to assist with preparation for damages calculations and potential infringements implications for my client.

• Managed the investigation into a dispute between global computer manufacturers where spoliation of evidence was in question.

• Investigated potential theft of intellectual property where the origination of software application source code and customer lists were under investigation between two microchip manufacturers.

Healthcare & Pharmaceutical • Led investigations and managed teams that responded to advanced

persistent threats (APT) which resulted in the implementation of persistent monitoring and response programs to address severe and moderate threats throughout the enterprise.

• Led a team of cyber investigators that responded to SQL injection attacks and identified breached records by thoroughly investigating internal and external root causes.

• Determine whether there was sufficient evidence for the United States Court for the District of Columbia to file charges against company with violating FCPA; additionally, investigated allegations of whether the Commission had sufficient evidence to file suit against Monsanto for violation of anti-bribery, books-and-records, and internal controls provisions of the FCPA. Results of the investigation resulted in a reduction of fines and compliance requirements.

Government Contractors • Investigated and managed a global cyber-investigation into 16,000

systems to identify compromised systems and uncover the root cause and to resolve immediate security threats and compromises.

• Managed the data breach response and resolution team into the largest data breach in the U.S. in 2011, which resulted in notification and resolution services for approximately 4.9 million insured individuals.

Financial Services Industry • Conducted the internal investigation and response to U.S. Department

of Justice, Second Request, In the Matter of Fidelity National Financial, Inc.

• Developed threat matrix models to uncover IT security risks and known vulnerabilities.

• In NASD and FDIC inquiries, managed teams of consultants that evaluated productions in previous matters to identify potential gaps in productions to the government.

• Investigated multiple allegations of insider trading and securities violations within a retirement planning company to identify key witnesses and other perpetrators.

REPRESENTATIVE SPEAKING ENGAGEMENTS

• BDO Year-End Event, Navigating Big Data, Cybersecurity and Data

Governance Challenges, December 2015 • Association of Corporate Counsel, BDO Presents: How Corporate

Counsel Can Mitigate Cybersecurity Risks, Panelist, September 2015 • 27th Annual General Counsel Conference, Applying Analytics to Your

Organization’s GRC Strategy, Round Table, June 2015 • 26th Annual General Counsel Conference, Managing Unstructured Data

Across the Enterprise to Enhance Compliance, Security, Litigation Readiness, and Big Data Analytics, Round Table, June 2014

• National Association of Federal Equity Receivers, Electronically Stored Information: Making and Breaking the Federal Equity Receivership, Washington DC, October 2014

• Women in Influence Power In Law, Critical E-Discovery Areas You Must Understand, Washington, DC, September 2014 BDO Knowledge Webinar – Data Breach Essentials, Webinar, June 2014

• Association of Certified E-Discovery Specialists, Webinar Co-Presented with Partner from Arent Fox, Creating a Defensible E-Discovery Search Strategy that Doesn’t Break the Bank, June 2014

• Pennsylvania Bar Institute Speaker, How Technology Can Get You in Trouble, Topics covered Information Security, Forensics, Data Destruction, Social Media and Business Continuity, Pittsburgh, PA, June 11, 2013

• Pennsylvania Bar Institute, e-Discovery Symposium Panelist, Discovery and Use of Social Media at Trial, Pittsburgh, PA, April 26, 2013

• Carnegie Mellon University, Institute for Information Networking (INI), Guest Lecturer, Investigations to Litigation, Pittsburgh, PA, March 7, 2013

• The Cyril H. Wecht Institute of Forensic Science & Law, Forensic Fridays Seminar Series, Digital Detectives: A Computer Forensics Update, Topic: Digital Forensics in the Private Sector, Pittsburgh, PA, January 18, 2013

• Georgetown University Advanced E-Discovery Institute, Using and Challenging Digital Forensic Evidence, Tysons Corner, VA, December 6, 2012

• IAAR 3rd Annual Conference, Osama bin Laden's Data Haul – The Asset Tracing Lessons It Teaches Through 'Analog' and Digital Investigations,

• Las Vegas, NV, November 2011 • IAAR 3rd Annual Conference, E-Mail, Caches, Cookies and Hidden Files

That Help You Make Asset Tracing and Recovery Cases, Las Vegas, NV, November 2011

• Women in E-Discovery, New York Chapter, Uncovering Digital Artifacts, New York, NY, October 2011

• OPEN MINDS Technology & Informatics Institute, New Models For Health Information Exchange Capabilities, Baltimore, MD, October 2011

• Keynote Speaker, FCW Executive Briefing on Digital Forensics, 1105 Events, Putting the Forensic and E-Discovery Puzzles Together: Effective Fraud Investigation Techniques, Tips and Pitfalls, Washington, DC, November 2010

• The Masters Conference, Cabinet Member and Moderator, Achieving

Litigation Readiness and Developing an E-Discovery Response Plan, Washington, DC, September 2010

• Women in E-Discovery, Northern Virginia Chapter, Putting the Pieces Together: Reliable Investigative Techniques and Avoiding the Pitfalls, Reston, VA, April 2010

SELECT PUBLICATIONS AND QUOTES

• BDO Knows Government Contracting, Managing Contractor’s Cybersecurity Risks, August 2015

• Quote, Wall Street Journal, BDO’s 2015 Board Survey, October 21, 24, and 27 2014, http://blogs.wsj.com/moneybeat/2014/10/21/board-members-of-small-firms-want-congress-to-act-on-inversions-survey/

• Quote, Accounting Today, BDO’s 2015 Board Survey, October 21, 2014, http://www.accountingtoday.com/news/tax-essentials/public-company-board-directors-favor-corporate-tax-reform-72377-1.html

• Quote, Corporate Counsel Magazine, In-House Counsel's Big Worry: BYOD E-Discovery, http://www.corpcounsel.com/id=1202673104548/InHouse-Counsels-Big-Worry-BYOD-EDiscovery#ixzz3FwmNHXTV, October 2014

• With Cyber Threats on the Rise, Retailers Require Robust Data Breach Response Methodologies to Mitigate Risk, BDO Compass Retail Newsletter, September 2014

• 2014 BDO Knows Manufacturing RiskFactor Report, Quote on State of Cyber Security and Data Breaches, August 2014

• 2014 BDO Knows Oil & Gas RiskFactor Report, Quote on State of Cyber Security and Data Breaches, August 2014

• ARMA Information Management Magazine, Forming a Corporate Information Governance Program to Secure and Manage Information, Spring 2014

• Pennsylvania Bar Institute White Paper, Using Social Media as Evidence at Trial, April 26, 2013

• Fortune Magazine, Surviving a Hack Attack, High Tech Trends, p.51, February 13, 2012

• IAAR White Paper, E-Mail, Caches, Cookies and Hidden Files That Help You Make Asset Tracing and Recovery Cases White Paper, Co-Authors: Peter Wolf and Brian Rydstrom, November 2011

• Bloomsberg Businessweek, A Real (Good) Hack Job, p. S1, October 23, 2011

• Syngress Publishing, eDiscovery: Creating and Managing an Enterprise-wide Program | A Technical Guide to Digital Investigation and Litigation Support, September 2008

• MidAtlantic Corporate Counsel Magazine, Enterprise eDiscovery: Do you know where your data is?, November 2007

• Syngress Publishing, Techno Security's Guide to E-Discovery and Digital Forensics: A Comprehensive Handbook, Balancing E-Discovery Requirements between Legal & IT Chapter, October 2007

• ALM Publication, GC Mid-Atlantic, Navigating the Changing Landscape of E-Discovery, A Roundtable Discussion, May 2007

• The Legal Intelligencer, Navigating the Changing Landscape of E-Discovery, A Roundtable Discussion, April 11, 2007

• The Metropolitan Corporate Counsel, Compliance Readiness – Legal Service Providers, A Case of The Whole Being Greater than the Sum of

the Parts, March 2007

SELECT EDUCATION AND TRAINING

• University of Pittsburgh, M.S. Program, Physiology, 1993-1994 • University of Dayton, B.S. Exercise Physiology, 1988-1991 • ARMA Information Governance Professional, 2015 • AIIM Information Governance Practitioner, 2015 • AIIM How to Demonstrate the Value of an IG Program, 2015 • AIIM How to Determine Roles and Responsibilities, 2015 • AIIM How to Determine the Necessary Information Governance

Technologies – BPM, 2015 • AIIM How to Determine the Necessary IG Technologies - Content

Document and Records Management, 2015 • AIIM How to Gain Support for an IG Program, 2015 • AIIM How to Measure Performance of an IG Program, 2015 • AIIM How to Plan a Taxonomy and Metadata Model for Information

Governance, 2015 • AIIM How to Plan an Information Governance Program, 2015 • AIIM How to plan Information Governance for Big Data Mobile Cloud

and Social Media, 2015 • AIIM How to plan Information Governance for improving information

lifecycle quality security and privacy, 2015 • Certified Fraud Examiner, 2010, Number 541494 • Association of Certified Fraud Examiners, Other People’s Money, in

progress, 2013 • Association of Certified Fraud Examiners, Fundamentals of Computer

and Internet Investigations, 2013 • Association of Certified Fraud Examiners, Finding the Truth, 2012 • Association of Certified Fraud Examiners, Interviewing Prospective

Witnesses, 2012 • Carnegie Mellon University Software Engineering Institute (SEI) CERT,

Creating a Computer Security Incident Response Team (CSIRT), 2011

Tab 2 – Course Materials (articles, publications, other materials)