Mr. Gesser is a partner in Davis Polk’s Litigation Department. He represents clients in a wide range of cybersecurity issues, enforcement and investigation matters, and complex commercial litigation.
As a principal member of Davis Polk’s Cybersecurity and Data Privacy practice, Mr. Gesser has substantial experience advising clients on compliance with various cybersecurity regulations, enhancing cybersecurity policies, procedures, training and governance, cloud migration, and data minimization, as well as cybersecurity risk disclosures and due diligence. He advises clients who have experienced data breaches and ransom-related cyber incidents, and has conducted internal investigations relating to cybersecurity events, such as phishing/spoofing attacks, and represented companies in related civil litigations and regulatory investigations. Mr. Gesser was recently retained by a global financial services firm in connection with a sophisticated attack on their computer system, as well as several international financial institutions on complying with the New York Department of Financial Services cyber regulations. He is also a frequent commentator on cybersecurity issues and the primary author of the Davis Polk Cyber Blog.
Mr. Gesser also represents companies and financial institutions in investigations relating to anti-money laundering, sanctions, and FCPA compliance. He has been advising several U.S. and international financial institutions in connection with cross-border tax investigations conducted by DOJ, the SEC and the New York Department of Financial Services, and with the subsequent enhancement of their compliance polices.
Mr. Gesser was a former Counsel to the Chief of the Justice Department, Criminal Division’s Fraud Section, which oversaw more than 100 federal prosecutors and was the Deputy Director of the Justice Department, Criminal Division’s Deepwater Horizon Task Force, where he was responsible for its operations, which included 12 prosecutors and dozens of agents.
Perhaps the most costly cyber-related threat that companies face are Business Email Compromise (BEC) scams, which, according to the FBI, have cost businesses over $26 billion in the last three years. BECs involve cyber criminals using fake or comprom...