Aravind Swaminathan helps clients navigate a new world of regulatory risk, from cybersecurity incidents to online Trust & Safety to defending executives in high-stakes litigation and enforcement actions. In all of his work, he draws on his roots as a federal cybercrime prosecutor and a high school technology teacher.
A leading cybersecurity and online safety authority, Aravind is recognized by Chambers USA in Privacy and Data Security in both Litigation and Incident Response. Clients describe him as “a very talented lawyer experienced with incident responses” and “incredibly responsive and technically savvy.”
Aravind’s deep knowledge of his clients’ business objectives and technological capabilities distinguishes him as a strategic advisor and frontline crisis responder. He advises some of the world’s leading online platforms, public and private financial institutions, tech companies, higher education institutions, and critical infrastructure providers on cybersecurity, and their obligations to monitor and remove harmful or illegal content online and root out instances of child exploitation.
He is adept at guiding companies through cybersecurity incidents, having directed more than 500 data breach investigations, including enterprise-wide network intrusions to cyberattacks with national security implications. Aravind defends clients in an array of cybersecurity and privacy class actions and regulatory enforcement actions brought by the SEC, FTC, NY DFS and State AGs, and also represents individual C-level executives in criminal and civil regulatory enforcement matters.
As a former assistant United States attorney, he investigated and prosecuted a broad array of cybercrime, child exploitation cases, digital crimes, and white-collar crime cases. This first-hand knowledge of federal agencies allows him to navigate the system, partner with investigators and find creative solutions for clients.
Aravind is a member of Orrick’s Board of Directors, and he devotes much of his free time to advising independent schools on AI, online safety, and cybersecurity, and teaching and coaching.
On February 3, 2015, the U.S. Securities and Exchange Commission released a Risk Alert addressing cybersecurity issues at brokerage and advisory firms, along with suggestions to investors on ways they can protect themselves and their online accounts. FINRA issued a similar, more extensive “Report on Cybersecurity Practices” on the same day.
The National Exam Program Risk Alert, “Cybersecurity Examination Sweep Summary” summarizes cybersecurity practices and policies of 57 registered broker-dealers, and 49 registered investment advisers based on examinations conducted by the SEC’s Office of Compliance Inspections and Examinations (“OCIE”). These findings should be reviewed by CISOs and CIOs who have responsibility for cybersecurity protection because they highlight best practices and areas ripe for improvement. It is reasonable to assume that both the SEC and FINRA will expect firms to review the findings and tailor their own internal assessments and practices to improve their cybersecurity posture, accordingly. They also underscore that the simplest cyber-related scams (phishing, fraudulent e-mail scams, etc.) are still remarkably successful.
