Alexander H. Southwell

Overview

Alexander (Alex) Southwell is a leading technology-focused litigator and investigations lawyer. Top global companies rely on Alex to handle investigations, regulatory defense, and litigation related to a wide range of privacy, data security, information technology and governance, trade secrets, computer fraud, advertising and marketing practices, and consumer protection issues. He also regularly handles white-collar and securities enforcement defense matters and complex, high-profile internal investigations. As one client noted, “Alex is tremendous. If you’ve got an issue that is a paramount crisis and going to break the company, Alex is who you should turn to. He is top-notch, savvy, and he understands what you need.”

A former federal cybercrimes prosecutor in the US Attorney’s Office for the Southern District of New York (SDNY), Alex advises clients ranging from emerging companies to global enterprises across all market sectors facing data breaches, security incidents, or cybercrimes. He has extensive experience counseling on broad issues under the Computer Fraud and Abuse Act, the Economic Espionage Act, the Electronic Communications Privacy Act, the Communications Decency Act, and related federal and state computer fraud and consumer protection statutes. An experienced trial and appellate lawyer, Alex is regularly retained to lead privacy and data security and technology class actions and complex civil litigations across the US. He also frequently leads the defense of regulatory investigations from the Federal Trade Commission (FTC), state attorneys general, and other federal, state, and local regulators and criminal authorities.

Clients appreciate Alex’s “keen eye for attention to detail, client service, and navigating a complex legal and regulatory landscape.” His wide-ranging practice covers cutting-edge areas such as artificial intelligence (AI), autonomous vehicles, cloud deployment and risks, dark pattern allegations, data innovation, and digital assets and cryptocurrency. He advises clients on privacy and security risks related to data-driven product development and compliance with the full range of US and international privacy and data protection laws and regulations as well as global regulatory strategies. Alex is also experienced in counseling companies on the US Securities and Exchange Commission (SEC) rules on cybersecurity risk management and disclosures, including cybersecurity governance and board oversight, and the New York Department of Financial Services (NYDFS) cybersecurity regulation.

Alex’s white-collar practice includes representing corporate executives, individuals, companies, and boards in connection with white-collar criminal investigations and prosecutions and related civil investigations. He also has significant experience conducting internal corporate investigations and compliance monitoring. Alex’s practice covers securities and accounting fraud, healthcare fraud and compliance, economic sanctions violations, money laundering and Bank Secrecy Act violations, tax fraud, the False Claims Act and contracting fraud, the Foreign Corrupt Practices Act, and public corruption, among other areas.

Alex previously served as an assistant US attorney for the SDNY, focusing on cybercrimes and securities, commodities, and other white-collar frauds. He began his legal career as a law clerk for the Honorable Naomi Reice Buchwald of the US District Court for the SDNY.

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Results

On behalf of two investment services providers, led the defense of a major purported class action related to data breach, which was consolidated in a multidistrict litigation proceeding in Boston, likely the largest in history*
Led the defense of multiple attorney general litigations alleging consumer protection and related violations pertaining to an entertainment platform’s alleged addictiveness and harm*
Led the representation of a major video streaming and social media company in responding to an FTC Section 6(b) study into the industry*

Led the defense of a novel and high-profile cryptocurrency hacking case asserting that a cryptocurrency exchange platform conspired with individual defendants to steal bitcoin valued at over $80 million*
Represented a social networking service in wide-ranging matters related to the aftermath of a highly publicized data misuse scandal, including assisting with the numerous regulatory investigations and resolutions, nationwide consumer class actions, and government enforcement actions*
Led complex and novel internal investigations related to data privacy risk from developer activity on a social networking service platform, including leading regulatory response, privilege litigation, and numerous adversarial network audits, remediation, and enforcement efforts*
Defended a leading FinTech company in a privacy class action alleging violation of the Computer Fraud and Abuse Act, the Stored Communications Act, the California Unfair Competition Law, and related laws*
Defended a cryptocurrency exchange platform in an Illinois federal action alleging violation of the Illinois Biometric Information Privacy Act*
Defended a video streaming company in a consumer protection investigation by two attorneys general, as well as a congressional investigation, related to user posting video of violent attack*
Defended an insurance company in an investigation related to data security incidents by the New York attorney general and the NYDFS*
Led the defense of a financial information and analytics company in a purported antitrust class action litigation related to the licensing and use of identifiers brought by financial institutions*
Guided an oil and gas exploration company through a data security incident and defended the company in investigations by the SEC and US Department of Justice regarding the company’s disclosures related to the incident, successfully achieving closure of the investigations with no action*
Represented a FinTech company in an internal investigation related to business intelligence gathering efforts and compliance with laws and contracts*
Led the response to and defense of the FTC’s study into a video streaming company related to digital advertising and enforcement under Section 6(b), including a focus on enforcement related to deceptive ads and use of AI*
Guided a construction management company through the second largest “business email compromise” fraud in history, successfully recovering the vast majority of funds that were illegally diverted through close coordination with law enforcement and improving the company’s network security and internal finance processes*
Defended a large technology provider in a privacy class action alleging violation of right of privacy, free speech rights, equal protection rights, California Unfair Competition Law, and related laws*

*Matter handled prior to joining McDermott.

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Recognitions

Chambers Global, Privacy & Data Security, Litigation, 2021-2024
Chambers USA, Privacy & Data Security: Litigation, 2020-2024
Chambers USA, Litigation: White-Collar Crime & Government Investigations (New York), 2014-2024

Community

New York City Bar Association, Task Force on Digital Technologies Subcommittee on Privacy, Cybersecurity, and Data Protection, co-chair
New York State Bar Association, Task Force on Autonomous Vehicles and the Law, member
Federal Bar Council, member