Alex Southwell is a nationally recognized technology-focused litigator and investigations lawyer. Top global companies rely on Alex to handle regulatory defense and complex internal investigations. His experience with data breach responses has been recognized by numerous global publications, and one client noted in Chambers USA, "Alex is tremendous. If you've got an issue that is a paramount crisis and going to break the company, Alex is who you should turn to. He is top-notch, savvy, and he understands what you need."
A former federal cybercrimes prosecutor in the U.S. Attorney's Office for the Southern District of New York, Alex advises clients on data breaches, cybercrimes, espionage, electronic communications and privacy, federal and state computer fraud and consumer protection statutes, data innovation roll-outs and compliance, risk management, cybersecurity governance and preparedness, privacy and social media policies, and security incident response plans. He has significant experience advising on issues related to artificial intelligence (AI), digital assets and blockchain, and technology innovation, including handling significant Business Email Compromise (BEC) incidents, such as his successful handling of the second largest BEC scam in history. Alex has tried more than a dozen cases and briefed and argued dozens of appeals — a trial pedigree that continues to inform his approach to litigation, investigations, and crisis management today.
Alex's white collar practice includes representing corporate executives, individuals, companies, and boards in criminal investigations and prosecutions and related civil investigations involving securities and accounting fraud, health care fraud and compliance, economic sanctions violations, money laundering and Bank Secrecy Act violations, tax fraud, the False Claims Act, the Foreign Corrupt Practices Act, and public corruption, among other areas.
Expérience
The following represents experience acquired prior to joining Jones Day.
On behalf of two investment services providers, led the defense of a major purported class action related to data breach, which was consolidated in a multidistrict litigation proceeding, likely the largest in history.
Led the defense of multiple attorney general litigations alleging consumer protection and related violations pertaining to an entertainment platform's alleged addictiveness and harm.
Led the response to and defense of the Federal Trade Commission's (FTC) study into a video streaming company related to digital advertising and enforcement under Section 6(b), including a focus on enforcement related to deceptive ads and use of AI.
Led the defense of a novel and high-profile cryptocurrency hacking case asserting that a cryptocurrency exchange platform conspired with individual defendants to steal bitcoin valued at over $80 million.
Represented a social networking service in wide-ranging matters related to the aftermath of a highly publicized data misuse scandal, including assisting with the numerous regulatory investigations and resolutions, nationwide consumer class actions, and government enforcement actions.
Represented a biotech company with AI-related advice, including establishing AI governance program and AI note-taking rules, as well as counseling related to risks and mitigation plan for executive AI avatar.
Led complex and novel internal investigations related to data privacy risk from developer activity on a social networking service platform, including leading regulatory response, privilege litigation, and numerous adversarial network audits, remediation, and enforcement efforts.
Defended a leading fintech company in a privacy class action alleging violation of the Computer Fraud and Abuse Act, the Stored Communications Act, the California Unfair Competition Law, and related laws.
Defended a cryptocurrency exchange platform in an Illinois federal action alleging violation of the Illinois Biometric Information Privacy Act.
Defended a video streaming company in a consumer protection investigation by two attorneys general, as well as a congressional investigation, related to user posting video of a violent attack.
Defended an insurance company in an investigation related to data security incidents by the New York attorney general and the New York State Department of Financial Services (NYDFS).
Led the defense of a financial information and analytics company in a purported antitrust class action litigation related to the licensing and use of identifiers brought by financial institutions.
Guided an oil and gas exploration company through a data security incident and defended the company in investigations by the Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) regarding the company's disclosures related to the incident, successfully achieving closure of the investigations with no action.
Represented a fintech company in an internal investigation related to business intelligence gathering efforts and compliance with laws and contracts.
Guided a construction management company through the second largest "business email compromise" fraud in history, successfully recovering the vast majority of funds that were illegally diverted through close coordination with law enforcement and improving the company's network security and internal finance processes.
Defended a large technology provider in a privacy class action alleging violation of right of privacy, free speech rights, equal protection rights, California Unfair Competition Law, and related laws.
Represented a social media network in groundbreaking litigation against a South Korean data analytics company developer. Won an important decision vindicating the network's ability to enforce data security protections against the overseas developer and defeated a motion to dismiss.
Led the representation of a video streaming and social media company in a congressional investigation.
Handled the ransomware response for a multinational liquor company that included crisis management counseling, state notifications, and supervising forensic investigation.
- New York University (J.D. magna cum laude 1997; Order of the Coif); Princeton University (A.B. magna cum laude 1993)
- New York, U.S. Court of Appeals for the Second Circuit, and U.S. District Courts for the Southern, Eastern, and Western Districts of New York
- Assistant United States Attorney, Criminal Division: General Crimes, Major Crimes, Computer Hacking and Intellectual Property (CHIPs), and Securities and Commodities Fraud Units, U.S. Attorney's Office, Southern District of New York (2001-2007)
- Recognized by leading legal publications, including Chambers USA, Chambers Global, Global Data Review, Law360 (MVP), Legal 500, Best Lawyers in America, The National Law Journal, Benchmark Litigation, and Cybersecurity Docket, in the areas of privacy, data security, and white collar crime
- Law Clerk to Magistrate Judge Naomi Reice Buchwald, U.S. District Court, Southern District of New York (1997-1998)