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ROMAINE C. MARSHALL

Shareholder

rmarshall@polsinelli.com
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Salt Lake City: 801.999.3503


 * Biography
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Data has been called the new oil or new gold, and the lifeblood of many
organizations. Romaine helps organizations protect their data, continuity and
reputations, from cybersecurity and data privacy incidents.

As a technology and data lawyer, Romaine has represented organizations during
litigation involving injunction hearings, bench and jury trials, and
investigations relating to data breaches, malware attacks, crypto and digital
asset fraud, security misconfigurations, social engineering and other exploits.
As organizations implement technological shifts, Romaine helps them reduce
potential legal exposure by advising on industry-specific policies and
procedures, directing risk assessments and developing written information
security programs. For example, since 2020 Romaine has represented clients in
response to:

 * Ransomware attacks involving the Ryuk, CryLock, Conti, MAZE, THT v2,
   RagnarLocker and CLOP variants, and led teams that analyzed and fulfilled
   notification obligations to customers, employees, business partners, media
   and regulators.
 * Supply chain attacks involving SaaS providers and technical consultants in
   the healthcare, technology, financial services, nonprofit and agribusiness
   industries, and logistics, freight and document management services
   organizations.
 * Regulatory investigations by the Federal Trade Commission, Securities and
   Exchange Commission, and Department of Health and Human Services into
   cybersecurity and data privacy practices, and blockchain, crypto, and digital
   asset technologies.
 * Cybersecurity litigation involving botnets and man-in-the-middle attacks
   against end users and business executives versus telecommunications
   companies, a cryptocurrency exchange, nonfungible token (NFT) platforms and
   digital art creators.  
 * Critical infrastructure and regulatory changes to cybersecurity alignment,
   readiness, and maturity requirements for the energy, financial, food and
   agriculture, and information technology industries, including the Cyber
   Incident Reporting Critical Infrastructure Act.

Romaine is also a frequent author and presenter on digital transformation and
legal obligations for Web3 technologies such as crypto, blockchain and digital
assets, and artificial intelligence and the Internet of Things.

He is a member of the Utah Bar’s Innovation in Law Practice Committee, the
National Asian Pacific American Bar Association’s Data Security and Privacy
Committee, and hosts the Utah Chapter of the CISO Executive Network.
 


EDUCATION

 * Brigham Young University, J. Reuben Clark Law School (J.D.)
 * Waikato University School of Law, New Zealand
   * Visiting Law Student
 * Brigham Young University (B.S.)


BAR ADMISSION

 * Utah


PROFESSIONAL AFFILIATIONS

 * Utah Bar Association, Innovation in Law Practice Committee (2019-present)
 * National Asian Pacific American Bar Association, Data Security and Privacy
   Committee (2019-present)
 * Utah Bar Association Office of Professional Conduct, Ethics and Disciplinary
   Committee (2015–2018)


RECOGNITION

 * Mountain States Super Lawyers® Rising Stars, Business Litigation (2008, 2011)
 * The Best Lawyers in America®, Commercial Litigation (2022)
 * Utah Business Legal Elite (2005–2009), Civil Litigation (2015–2021)
 * Pro Bono Award, Utah Federal Bar Association (2009)


LANGUAGES

 * Māori

Publications
All Publications
National Security Focus on Cybersecurity for Critical Infrastructure Sharpens
Last year, Colonial Pipeline halted one of the United States’ largest pipeline
systems due to a ransomware attack.1  Within days, a state of emergency was
declared in 17 states. A few days later, the pipeline resumed service, and
Colonial Pipeline acknowledged it paid $4.4 million to cyber criminals.2  For
critical infrastructure, Colonial Pipeline was a turning point. Download the
publication to view the full alert.  [1]
https://www.energy.gov/ceser/colonial-pipeline-cyber-incident [2] On June 7,
2021, the Department of Justice announced the recover of $2.3 million in
cryptocurrency that was paid to the cyber criminals
(https://www.justice.gov/opa/pr/department-justice-seizes-23-million-cryptocurrency-paid-ransomware-extortionists-darkside).
Read More
FTC Announces Decision “with a 100% chance of far-reaching” Impact for Data
Breaches
On Monday the Federal Trade Commission issued a press release stating it is
settling a case against Drizly and its CEO for a data breach that exposed the
information of 2.5 million consumers in July 2020.1 The proposed settlement is
notable because the FTC alleges in the underlying Complaint that: (1) Drizly
broke the law by not improving security after an incident in 2018, and (2)
Drizly’s CEO broke the law for taking shortcuts on security.  On the same day,
in a blog post titled “Data security forecast: Drizly with a 100% chance of
far-reaching order provisions,” the FTC detailed Drizly and its CEO’s missteps
which it said “exacerbated the impact of the [2020] breach” and exposed failures
in their governance structures –
Read More


CAPABILITIES

 * Privacy and Cybersecurity
 * Privacy Litigation
 * Technology Transactions
 * Commercial Litigation

Firm Highlights
Slide 1 of 4
 * Publications
   National Security Focus on Cybersecurity for Critical Infrastructure Sharpens
   Last year, Colonial Pipeline halted one of the United States’ largest
   pipeline systems due to a ransomware attack.1  Within days, a state of
   emergency was declared in 17 states. A few days later, the pipeline resumed
   service, and Colonial Pipeline acknowledged it paid $4.4 million to cyber
   criminals.2  For critical infrastructure, Colonial Pipeline was a turning
   point. Download the publication to view the full alert.  [1]
   https://www.energy.gov/ceser/colonial-pipeline-cyber-incident [2] On June 7,
   2021, the Department of Justice announced the recover of $2.3 million in
   cryptocurrency that was paid to the cyber criminals
   (https://www.justice.gov/opa/pr/department-justice-seizes-23-million-cryptocurrency-paid-ransomware-extortionists-darkside).
   Read more
 * News
   Polsinelli Strengthens National Cybersecurity and Data Privacy, Litigation,
   Employment and Corporate Groups with Addition of Four Attorneys
   Am Law 100 firm Polsinelli continues the national expansion of its litigation
   and corporate teams with the addition of Shareholders Romaine Marshall in the
   Cybersecurity and Data Privacy Litigation Group, Jose Abarca in the
   Commercial Litigation Group, and Jordan Lee in the Labor and Employment
   Group, as well as Robert Lamb as Counsel in the Corporate Group.  Marshall,
   Abarca and Lamb all join the firm in Salt Lake City, and Lee joins the firm’s
   Los Angeles office. The addition of these four attorneys is part of
   Polsinelli’s national strategic growth strategy, focusing on key areas of
   practice. Since January, the firm has added 138 attorneys across the country,
   including 39 new Shareholders. “We greatly value collaboration across all
   practice areas. Adding these
   Read more
 * Publications
   FTC Announces Decision “with a 100% chance of far-reaching” Impact for Data
   Breaches
   On Monday the Federal Trade Commission issued a press release stating it is
   settling a case against Drizly and its CEO for a data breach that exposed the
   information of 2.5 million consumers in July 2020.1 The proposed settlement
   is notable because the FTC alleges in the underlying Complaint that: (1)
   Drizly broke the law by not improving security after an incident in 2018, and
   (2) Drizly’s CEO broke the law for taking shortcuts on security.  On the same
   day, in a blog post titled “Data security forecast: Drizly with a 100% chance
   of far-reaching order provisions,” the FTC detailed Drizly and its CEO’s
   missteps which it said “exacerbated the impact of the [2020] breach” and
   exposed failures in their governance structures –
   Read more
 * Publications
   Cybersecurity Awareness Means, at a Minimum, Doing the Basics (Again and
   Again)
   On September 30, 2022, the White House kicked off Cybersecurity Awareness
   Month by reminding citizens of the impacts cyberattacks can have on critical
   infrastructure such as “electric grids and fuel pipelines … and many other
   critical services,” and the importance of partnering with private industry
   and exchanging information about cyber threats.1  A few days after the above
   proclamation, a jury convicted the former Chief Security Officer of Uber of
   concealing from the FTC a 2016 data breach that exposed the personal
   information of about 57 million users and was linked to other data breaches.2
   The former CSO awaits sentencing, which could be up to five years in federal
   prison. During his trial, the former CSO claimed he was being scapegoated,
   that Uber’s
   Read more




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