Jonathan E. (Jed) Davis

Partner | Litigation

About

Jed Davis is an experienced, multiskilled cybersecurity and privacy law lawyer, litigator and former career prosecutor and private investigator. He helps organizations and individuals to navigate and resolve complex legal problems and to respond well, even amid crisis.

  • His primary practice areas include:

    • Data Incident Response

    • Cybersecurity and Privacy Regulation

    • Tracing And Ending Information Misuse

    • Internal Investigations

    • Criminal Defense and Liaison To Law Enforcement

    Jed is an honors graduate of Yale College. He received his law degree from New York University. After training at a leading New York City litigation firm, he served as a prosecutor for 12 years, first as an ADA in the Rackets Bureau of the Manhattan District Attorney’s Office (1995-1998) and thereafter, as an AUSA in the Eastern District of New York (1998-2007). In EDNY, his duties included serving as that district’s Computer Hacking and Intellectual Property Crimes (CHIP) coordinator and leading initiatives against business frauds in the U.S. and criminal organizations operating in the U.S., EU, Israel and Latin America.

    Containing cyber-risk has been a major focus for Jed over the last two decades, beginning when he was an AUSA, continuing at Kroll Associates, where he was a Managing Director (2007-2012) and since 2012, as a lawyer in private practice. He also has continued to work other types of hard cases, ranging from theft of trade secrets, to employee misconduct to compliance failures. He brings to each matter a knack for mastering complex detail, a talent for distilling matters to their essence and providing concise, pragmatic advice and a steadfast commitment to represent clients with rigor and zeal.


Practices

  • Cyber-Risk, Privacy, and Data Security

  • White Collar Defense & Investigations

  • Technology

  • Trade Secrets and Restrictive Covenants

  • Civil Pretrial and Trial Services

  • Legal Ethics and Professional Responsibility

  • Securities and Derivative Litigation

  • Intellectual Property Litigation

  • Employment and Labor

Admissions

  • New York

  • District of Columbia

  • U.S. Court of Appeals, Second Circuit

  • United States District Courts for the Southern & Eastern Districts of New York


Education

  • New York University School of Law, J.D., 1990

  • Yale College, B.A., 1987

Law Firm Experience

  • FisherBroyles, LLP

  • Cahill Gordon & Reindel

  • Day Pitney


Government Experience

  • United States Attorney’s Office for the Eastern District Of New York

  • New York County District Attorney’s Office


Corporate Experience

  • Kroll Associates


Representative Cases

  • Incident Response: Investigate suspected and actual data breaches, advise on notification and remediation and represent clients in regulatory proceedings. Recent matters include engagements with a publicly-traded mortgage lender, a registered investment company, a manufacturer and e-commerce merchant and a leading public university.

  • Controls Enhancement: Lead media company’s post-breach evaluations of incident response plans and privacy policies.

  • Cyber Due Diligence: Advise in M&A deals on sufficiency of cybersecurity disclosures, representations and warranties.

  • Crime Prevention: Assist global company to investigate and halt attempts by overseas perpetrator to steal online platform.

  • Employment Investigation: Unmask rogue employee, averting suit by business whose website he hacked and defaced.

  • Criminal Defense: Convince district attorney’s office not to prosecute client whom former employer accused him of hacking lead information.

  • IP Protection: Lead investigation to unmask seller of pirated copies of secure standardized tests. Represent exam developer in federal lawsuit that culminated in seller paying all investigative and litigation costs and surrendering domain.

  • Internal Investigation. Conduct inquiry within Fortune 500 client to determine cause and scope of decades-long regulatory violation.  Findings drove reforms and employee disciplinary actions, including termination.

  • Expert Trial Advisor: In trial of Madoff employees, advised defendant programmers’ counsel on strategies for cross-examining government’s computer expert.

  • Cybercrime Inquiry & Referral: Investigated network intrusion that shuttered multinational client’s U.S operations. Traced attack to client’s former employee and persuaded federal authorities to prosecute.

Presentations

  • Connecticut Bar Association, Ethics Segment Author and CLE Panel Participant, “Cybersecurity Law: Changes, Ethics and Tech Tips” (March 31, 2022)

  • Connecticut Bar Association, 2020 Annual Conference, Lead Author and Panel Participant, “Cybersecurity: Understanding And Reducing Lawyers’ Essential Risks” (September 16, 2020)

  • Product Liability Advisory Council, Online Panel Discussion, “Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos” (February 5, 2019).

  • Data Law Initiative, Benjamin N. Cardozo School of Law, Public Panel, “Implementing the New DFS Cybersecurity Regulations” (April 28, 2017).


In the News

  • Rise Of Nation-State Hacks Doesn’t Give Cos. A Free Pass, Law 360, June 12, 2019

  • Marriott Hack Shows Risks Of Lax Cyber Diligence In Mergers Law360, December 3, 2018

  • The Privacy Fight For Digital Data Warrants Is Just Starting Law360, September 14, 2018

  • Phantom Arrest Shows Tech Cos. Must Police Own Products Law360, March 30, 2018

  • What To Watch As Supreme Court Tackles Location Privacy Law360, November 22, 2017

  • White Collar ‘Goes Dark’ With Rise Of Secret Messaging Apps Law360, September 20, 2017

  • ”Click Fraud” Trial To Test Reach Of Feds’ Cybercrime Powers Law360, July 24, 2017

  • 5 Ways To-Keep Cybersecurity Woes From Derailing A Deal Law360, July 19, 2017

  • High Court Phone Case Could Crimp Use of Location Data Law360, June 6, 2017

  • New York eases proposed cyber regulations after industry complaints Reuters, December 28, 2016


Publications

  • Six Common Misconceptions About Cybersecurity, New York Law Journal, March 5, 2018

  • Cybersecurity For Family Offices, Trusts & Estates, March 2017

  • Cybersecurity For The Under-Resourced Bloomberg BNA, November 21, 2016