James T.Kitchen (Jimmy)

Of Counsel

(T) + 1.412.394.7272

Jimmy Kitchen is a former Assistant U.S. Attorney who has led groundbreaking cyber investigations, including one that led to the first-ever corporate cyberespionage indictment of Chinese military hackers in the landmark case of U.S. v. Wang Dong, et al. The case set new precedent on the cyber-investigative capabilities of the U.S. Department of Justice (DOJ). As a prosecutor for more than 17 years and now a litigator at the Firm, Jimmy has tried 49 first-chair jury trials, has successfully argued at the U.S. Court of Appeals, and has extensive experience on his feet in U.S. District Court and state courts.

Jimmy has led hundreds of investigations, including those involving cybercrimes, corporate trade secret theft, counterespionage, environmental crimes, terrorism, mail/wire fraud, and money laundering. He has worked and coordinated with numerous federal and state agencies, private sector cybersecurity firms, as well as large corporations who have been the victims of industrial espionage, such as Westinghouse, U. S. Steel, Allegheny Technologies Incorporated, Alcoa, Trimble Navigation, Moody's Analytics, Siemens, and PPG.

As a result of his extensive experience, Jimmy was designated as both a National Security Cyber Specialist and an Anti-Terrorism Advisory Council Coordinator by the DOJ, and he has been named as the inaugural Practice Affiliate Scholar at the University of Pittsburgh's Institute for Cyber Law, Policy, and Security. He presents nationally as an authority on cybersecurity and investigations at cybersecurity forums and before corporate boards of directors.

Jimmy assists companies with cybersecurity and breach response, Foreign Corrupt Practices Act (FCPA) and other internal investigations and compliance, as well as FBI, DOJ, SEC, and Attorney General investigations.

Experience

  • NEP Group acquires SOS Global ExpressJones Day advised NEP Group in its acquisition of SOS Global Express, an independent international freight forwarding and full-service logistics company that specializes in supporting clients in broadcast, entertainment, music, and professional sports teams and leagues.
  • Shiseido to acquire Drunk Elephant™ for $845 millionJones Day is advising Shiseido Americas Corporation in its $845 million acquisition of Drunk Elephant™.
  • Tekni-Plex acquires MMC Packaging Equipment Ltd.Jones Day was U.S. counsel to Tekni-Plex, Inc. with respect to trade compliance and anti-bribery/anti-corruption matters in the acquisition of automation equipment solutions manufacturer MMC Packaging Equipment Ltd.
  • Casino defends against invasion of privacy claimsJones Day is representing a casino in litigation involving electronic privacy and wiretapping claims.
  • Commodity metals supplier seeks advice on social engineering attackJones Day led an investigation into a reported computer hack through the use of social media at a commodity metals supplier and provided advice pertaining to data breach notification laws.
  • Large educational organization investigates potential computer hacking for purposes of cheatingJones Day led an investigation to identify computer network vulnerabilities at a large educational organization which might be used by hackers to gain an unfair academic advantage if exploited.
  • Large multinational company seeks cybersecurity adviceJones Day is advising a multinational company with regard to developing its cyber incident response plan.
  • Private university investigates business email compromise and pursues stolen fundsJones Day led an investigation into a business email compromise at a private university and advised the university on breach notification laws and legal avenues, including insurance strategies, to recoup stolen funds.
  • Publishing company responds to ransomware attackJones Day provided advice to a New York publishing company on incident response, communication, and remediation after it had been attacked by sophisticated ransomware.
  • Safety products manufacturing company investigates potential computer hack reported by FBIJones Day led an investigation to determine the existence of a reported computer network hack reported to a multinational safety products manufacturing company by the U.S. Federal Bureau of Investigation.
  • Transportation company investigates potential computer hack of customer dataJones Day led an investigation into a potential criminal intrusion into the network of a transportation company's customer data, provided advice regarding data breach notification laws, and represented the company in responding to an inquiry by the New York Department of Financial Services.
  • NEP Group acquires Broadcast Sports International, LLCJones Day advised NEP Group in its acquisition of Broadcast Sports International, LLC, a leading provider of radio-frequency audio-visual solutions to the live sports and broadcast television industry.
  • Healthcare administration company obtains closure of U.S. Department of Labor criminal inquiryJones Day obtained a declination to prosecute by the U.S. Department of Labor – Criminal Division in an ERISA investigation against a healthcare administration company.
  • The following represents experience acquired prior to joining Jones Day.

    Led the investigation leading to the 2017 indictment in U.S. v. Wu Yingzhou, et al. of three members of the Guangzhou, China-based cyber security firm known as Boyusec, known by private sector cybersecurity experts as "APT3," for hacking into Moody's Analytics, Siemens, and Trimble Navigation.

    Led the investigation and international coordination that resulted in the 2015 dismantling of the Darkode criminal computer hacking forum, the most sophisticated English-speaking hacking forum on the internet. The investigation resulted in the prosecution of more than 70 defendants worldwide and resulted in nine convictions of Darkode members in the United States.

    Led the investigation resulting in the 2014 indictment in U.S. v. Wang Dong, et al. of five Chinese PLA soldiers, known by private sector cybersecurity experts as "APT1," for hacking into six major U.S. corporations including Westinghouse, U. S. Steel, Allegheny Technologies, and Alcoa.

    Led the investigation resulting in the indictment and arrest of former PPG, Inc. employee Thomas Rukavina who stole PPG trade secrets pertaining to high-speed train window glass and sold them to a competitor Chinese glass company.

    Led the investigation resulting in the 2012 indictment and arrest of Scottish terrorist Adam Busby who sent more than 50 bomb threats online through anonymized email to the University of Pittsburgh causing nearly 150 evacuations.

    Investigated the 2005 explosion at BP Texas City refinery that killed 15 and injured more than 170. Case resulted in a $50 million fine, the largest ever imposed against a corporation under the Clean Air Act.

    Member of the prosecution team that prosecuted four managers at the Atlantic States Cast Iron Pipe Company plant, and the controlling corporation, for worker safety violations and violations of the Clean Water Act. Case resulted in jail terms for the convicted plant managers and an $8 million fine against Atlantic States.

    Speaking Engagements

    • October 2, 2019
      Cybersecurity Preparedness, Enterpreneurs' Organization (EO) Pittsburgh, FBI-Pittsburgh Field Office
    • September 19, 2019
      Corporate Governance in 2020 and Beyond: Opportunities and Challenges, panel moderator, Government Enforcement and Individual Accountability
    • June 3, 2019
      The Ripple Effect of the California Consumer Privacy Act of 2018, Cyburgh 2019
    • February 21, 2019
      Cybersecurity and Data Privacy, MSA CLE
    • February 21, 2019
      Jones Day's 2019 Speaker Series: Protecting Your Company's Trade Secrets
    • November 27, 2018
      Cybercrime Update 2018, Jones Day Cleveland CLE Academy
    • November 16, 2018
      Cybersecurity Update, Marathon Oil CLE
    • October 5, 2018
      GDPR and Data Privacy Concerns: How Businesses Can Prepare; IUP, S&T Bank, and Infragard Present Securing Our Region, A Cybersecurity Seminar
    • August 14, 2018
      Future Generation: Exploring How Today's Energy Innovations are Working to Meet Tomorrow's Challenges, 2018 Pittsburgh Energy Forum Series
    • July 19, 2018
      Cybercrime Update 2018, U.S District Court and the Women's Bar Association for the Western District of Pennsylvania Summer Speaker Series
    • June 12, 2018
      Confronting the Cyber Threat, Rolling Rock Club Speaker Series
    • April 19, 2018
      Hackers and the GDPR Are Coming: How Health Care Companies Can Prepare, Jones Day 2018 Health Care and Life Sciences Forum:
    • March 29, 2018
      Computer Forensics: Applications and Utility, Friends of E-Discovery

    Speaking Engagements Prior to Jones Day

    June 23, 2017
    Keynote Speaker, Securing Our Region:  A Cyber Security Seminar, presented by Indiana University-Pennsylvania/S&T Bank
    Indiana, Pennsylvania


    November 10, 2016
    Cybersecurity Panelist, Cracking the Code:  Cybersecurity for Tomorrow, hosted by Carnegie Mellon University and K&L Gates
    Pittsburgh, Pennsylvania


    October 27, 2016
    Cybersecurity Panelist, World Affairs Council of Pittsburgh
    Pittsburgh, Pennsylvania


    July 18, 2016

    Working with the Private Sector in the PLA Hacking Case, Minneapolis Business Alliance Conference, Minneapolis, Minnesota


    May 9, 2016
    Working with the Private Sector in the PLA Hacking Case, Combatting Cybersecurity Threats:  Collaboration Between Government Agencies and the Private Sector, University of Connecticut
    Stamford, Connecticut 


    February 23, 2016

    A Conversation With the Regulators, American Bar Association National Institute on Cybersecurity, Fordham University School of Law


    December 4, 2015

    Foreign Threats to United States Intellectual Property, New England Cybercrime Conference
    Boston, Massachusetts


    November 20, 2015

    Case Study:  PLA Hackers, Northern West Virginia Cybersecurity Symposium
    Fairmont,  West Virginia


    October 16, 2015

    Case Study:  PLA Hackers, Overseas Advisory Council Conference

    New York, New York


    July 17, 2015

    Case Study:  PLA Hackers, Cybersecurity:  Threat & Response

    Columbus, Ohio


    June 11, 2015

    Cybercrime and Information Governance, ILO 2015 Global Counsel Congress

    New York, New York


    February 13, 2015

    Public-Private Cooperation in Cybersecurity, Pittsburgh Cybersecurity Program

    Pittsburgh, Pennsylvania


    December 9, 2014

    Confronting the Cyber Threat, K & L Gates Cybersecurity Forum on Minimizing Risk and Managing Consequences

    Pittsburgh, Pennsylvania

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