Ethan S. Burger is a Washington-based attorney and academic. He is a specialist in Transnational Financial Crime and Corruption, Cybersecurity Law and Investigations, Corporate Governance, Russian Country Conditions (Organized Crime and Human Rights), and Legal Ethics/Professional Responsibility.
Cybersecurity is an a highly dynamic area of activity and disputes. The interplay between corporate behavior, national and international policies, the changing nature of relevant threats, and advances in technology represents a major challenge to actors in the public and private sector. It is constantly presenting novel legal issues.
Businesses need independent, unbiased and confidential advice from legal specialists, particularly because they are often overly reliant on persons working for organizations who are primarily concerned with advancing their agenda. (See article appearing in LegalTech News: at http://at.law.com/Cb4ofb).
Mr. Burger analyzes corporate compliance with cyber-related legal and other standards. He evaluates the merits of potential cyber-related legal contract and tort claims. In addition, he independently examines the suitability of cybersecurity insurance policies for businesses and the appropriateness of the legal services law firms render their clients, having served on a fee-dispute body for more than ten years.
He advised clients on various complex topics involving financial crime and corruption matters in connection with his clients’ business activities. While with prominent law firms, he has worked as an attorney for Fortune 500 clients on litigation and transactional matters.
When working on cyber-related matters, as appropriate, he will be assisted by Thomas Welch, Esq., an attorney and consultant with broad expertise in complex, international and cross-border advocacy and risk management, including work experience in the fields of insurance, information systems and health data privacy, gained through 30 years of litigation, commercial and administrative law work with domestic and international law firms, and within the United States Food and Drug Administration (F.D.A.) (see http://thomaswelchlaw.com/index.html) and Rick Dreger, a cyber-security expert who maintains both his Certified Information Systems Security Professional (CISSP) and Certified Information Systems Auditor (CISA) certification (see https://www.wavegard.com/why-wavegard/rick/).
Educated at the Georgetown University Law Center and Harvard University, he has
advised governmental bodies on a wide variety of managerial and substantive issues.
Before attending law school, Mr. Burger worked on arms control and management
issues as a contractor for the Department of Defense, including efforts related to the U.S. Space-based Laser Program.
He has held positions in higher education as a professor, project director and
researcher. The breadth of his experience and knowledge has saved clients millions of
dollars while carrying out business operations in a manner consistent with applicable
law, and obtaining favorable outcomes when engaged in alternative dispute resolution,
and cases heard by arbitration panels and courts.
He has advised Australian officials on the absence of controls on foreign investment in corporations that are active in the natural resource sector, as well as the problem of money-laundering in real estate. In addition, he produced a study for the Queensland (Australia) Crime and Misconduct Commission on the management of its proceeds of crime operations.
He has overseen the operations of three overseas research centers on a DoJ project and conducted an assessment of a USAID program on the effectiveness of a technical assistance project in Ukraine.
He has taught at universities on both a full-time and adjunct basis and been affiliated with research institutions dealing with issues of transnational financial crime and corruption.
BackgroundQ: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: (i) Harvard University, A.B. (Magna cum laude), Russian/Soviet Area Studies;
(ii) Georgetown University Law Center (cum Laude), American Criminal Law Review;
(iii) Center for Dispute Settlement, Basic and Advanced Mediation Certificates; and
(iv) Georgetown University School of Continuing Education, Cybersecurity Strategy
In addition, I have completed basic and advanced mediation training with the the D.C.-based Center for Dispute Settlement. I have also served as a mediator for more than 10 years for the D.C. Bar's Attorney/Client Arbitration Board.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: (i) District of Columbia Bar, 1989 – Present; U.S. District Court for the District
of Columbia, 1989-92 and 2005-Present;
(ii) American Bar Association;
(iii) International Bar Association;
(iv) ISACA -- Information Systems Audit and Control Association;
(v) ACAMS -- Association of Certified Anti-Money Laundering Specialists;
(vi) INFRAGARD; and
(vii) APRL -- Association of Professional Responsibility Lawyers.
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Full-time Faculty:
(i) Centre for Transnational Crime Prevention -- Law Faculty, University of Wollongong (Australia); and
(ii) Transnational Crime and Corruption Center, School of International Service, American University.
(i) Adjunct Professor, Washington College of Law, American University;
(ii) Adjunct Professor, Georgetown University Law Center;
(iii) Visiting Professor, Universidad Sergio Arboleda, Bogata Colombia; and
(iv) Adjunct Profession. University of Baltimore School of Law.
(i) U.S. Agency for International Development; and
(ii) Queensland, Australia's Crime and Misconduct Commissions.
I have lived and worked abroad as an academic and attorney in excess of seven years (Australia, France, Russia, Ukraine and United Kingdom). I have considerable experience working with non-U.S. citizens.
Areas of Specialty and Teaching:
Transnational Financial Crime and Corruption, Cybersecurity Law and Investigations, Corporate Governance, Russian Country Conditions (Organized Crime and Human Rights), and Legal Ethics/Professional Responsibility.
Please see my C.V. for a list of my principal publications and major presentations.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
Q: On how many occasions have you been retained as an expert?
A: In excess of 40. I have never been challenged successfully as an expert issues on financial crime, governmental corruption. and country conditions in the Soviet Union's successor states.
Q: For what area(s) of expertise have you been retained as an expert?
A: (i) transnational financial crime;
(ii) governmental corruption;
(iii) country conditions in the successor states of the Soviet Union.
Q: In what percentage of your cases were you retained by the plaintiff?
Q: In what percentage of your cases were you retained by the defendant?
Q: On how many occasions have you had your deposition taken?
A: Approximately 10.
Q: When was the last time you had your deposition taken?
A: Eight years ago.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: In excess of 40 times (courts, arbitration tribunals and administrative bodies, both in the U.S. and abroad).
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Approximately thirty times.
Q: For how many years have you worked with the legal industry as an expert?
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Preparing research reports, offering consulting services, conducting internal investigations and due diligence, reviewing contracts, and performing case evaluation.
Q: What is your hourly rate to consult with an attorney?
A: -- $350-450 depending on matter's subjec, scope and schedule.
I offer reduced rates on political asylum and human rights matters.
I have worked as an attorney on a pro bono basis for human rights groups, think tanks, individuals seeking political asylum in cases involving political activities, religious discrimination and sexual orientations, as an attorney for the D.C. Family Self-Help Center, and as an Arbitrator for the D.C. Bar's Attorney-Client Arbitration Board.
Q: What is your hourly rate to review documents?
A: Generally, the same rate.
Q: What is your hourly rate to provide deposition testimony?
A: Generally, the same rate.
Q: What is your hourly rate to provide testimony at trial?
A: Generally, the same rate.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Costs associated with travel, procuring publications, and attending conferences.
ReferencesOn request, I will provide a list of references with contact information.
You might find of interest my article "Complacency in the Face of Evolving Cybersecurity Norms) (written with Thomas Welch) appearing in LegalTech News at http://at.law.com/Cb4ofb (March 21, 2016).
- Complacency in the Face of Evolving Cybersecurity Norms is Hazardous - Article - 2016
- Independent, Disinterested Cyber Advice Can Help Your Bottom Line - Article - 2016
- Here's How to Make Russia Sanction Really Bite - Article - 2014
- Russian Criminal Groups in Oz - Presentation - 2012
- Bureaucracy, Discretion and the Dark Side of Organizations - Presentation - 2012
- Illicit Networks - A Perspective About the Conflict in the Caucusus - Presentation - 2012
- Competing Views of Russian Organized Crime - Presentation - 2010
- Recent High-Level Department of Justice Departures Raises Recurring Questions That Require Prompt Action - Article - 2010
- Individual, Markets & Human Rights - Article - 2010
- Value/Money Laundering: Old Concepts Die Slow Deaths - Presentation - 2009
- Why the Private Sector is Likely to Lead the Next State in the Global Fight Against Corruption - Article - 2006
- Regulating Large International Accounting Firms: Should the Scope for Liability of Outside Accountants Be Expanded to Strengthen Corporate Governance and Lessen the Risk of Securities Law Violations - Article - 2005
- Who is the Corporation's Lawyer? - Article-2005
- The Use of Limited Liability Entities for the Practice of Law: Have Lawyers Been Lulled Into a False Sense of Security - Article - 2004