Ross, Susan Kohn
Susan Kohn Ross is the Regulatory Practice Chair at MSK in Los Angeles, where she focuses her practice on compliance whether dealing with Cybersecurity/Privacy or International Trade. She deals with regulatory, civil and criminal issues. Her clients come to her for assistance to solve current challenges, but also to identify and manage risk.
International Trade
Represent domestic and foreign companies and entities, in both the administrative and commercial setting, regarding the importation and exportation of goods before U.S. Customs and Border Protection, Food and Drug Administration (FDA), Departments of Justice, Treasury, Commerce and State, Federal Maritime Commission, U.S. Trade Representative and International Trade Commission, as well as the Court of International Trade and various other federal and state courts and agencies which regulate the flow of goods, addressing issues such as corporate compliance programs (creation and maintenance); classification, valuation and admissibility of goods; export licensing determinations and compliance; voluntary disclosures; corporate governance and compliance, including internal investigations and crisis management; cargo security/C-TPAT/AEO; FDA compliance, qualification and labeling/advertising of goods; free trade agreements (e.g., TPP, NAFTA, CAFTA-DR, Chile -US FTA, AGOA, GSP, et al.); regulatory audits; cargo claims (ocean, air, land and truck; misdeliveries; lien rights); intellectual property rights (trademarks, copyrights and patents; ITC exclusion orders); penalties, seizures and liquidated damages cases; antidumping and countervailing duties and related issues; country of origin marking; regulatory investigations (criminal and civil); international contracts; international litigation and alternative dispute resolution; Buy America/Buy American; Foreign Corrupt Practices Act compliance and other anti-corruption/anti-bribery regimes.
Cybersecurity
A recent survey of in-house General Counsel surfaced the top 3 issues keeping them up at night . . . cybersecurity, cybersecurity, cybersecurity - to no one’s surprise. With an increasingly threatened business atmosphere, companies must contend with challenges ranging from threats to breaches to communication of attacks to liability exposure, all the while making sure the company keeps operating its primary business functions as profitably as possible. While we finally have federal legislation on this critical topic and it is too early to tell what impact that law will have, the greatest movement continues to come at the state level and in the courts. Understanding the myriad implications to your organization is mind boggling. Having come to cybersecurity issues as early as 2002 when supply chain security programs were being rolled out in earnest, Su has been tracking the developing landscape since its infancy and regularly speaks at conferences and writes articles, making her among the foremost professionals on the topic. We have rapidly seen the barriers to threats dissipate. No one and no company remains safe. The scale, sophistication, and frequency of cyberattacks is outpacing the ability of companies to respond. Data security, notice to consumers, shareholder and class action lawsuits, insurance coverage, disclosure requirements to the SEC for public companies, government agency enforcement, cross-over issues to other regulatory matters, employment law considerations . . . the issues requiring attention are extensive and complicated, and Su works regularly with clients as they respond to the daily threats facing their organizations. The nature of this representation includes adding to the defense team any desired information technology and public relations experts, with the goal of the team to assist in assessing, minimizing and reacting to cybersecurity intrusions, including dealing with how best to interface with government investigators and disgruntled employees.
