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Jessica Nall

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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'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.
In Individual Voluntary Self-Disclosure

United States of America: Come one, come all

by , , and 11 Mins Read

DOJ Extends Leniency Incentives to Corporate Wrongdoers Who Disclose Criminal Misconduct In brief On April 15, 2024, the DOJ launched the Individual Voluntary Self-Disclosures (VSD) Program, extending incentives for individual wrongdoers to self-report criminal activities. This follows similar initiatives in the SDNY and NDCA. Traditionally, the DOJ incentivized corporate self-disclosure of wrongdoing. The new program aims to encourage individuals to disclose their misconduct and cooperate fully in exchange for non-prosecution agreements, potentially heightening the pressure…