Protecting Client Funds from Wire Fraud Attacks: Legal Ethics and Risk Management

Tracy L. Kepler, Director of Risk Control, Lawyers Insurance Program | CNA

Tracy L. Kepler is the Director of Risk Control for CNA’s Lawyers Insurance Program where she leads and manages a team of attorneys and risk control specialists in the design and development of content and distribution of risk control/risk management initiatives relevant to the practice of law. She collaborates with executive leadership from CNA’s underwriting and claims teams to develop and execute strategies for profitable growth of the lawyers professional liability program and also authors articles and creates and presents proactive training sessions on best practices, internal law firm risk assessment, policies and procedures to reduce occurrence and impact of potential malpractice and disciplinary actions for insureds.

• Education & Credentials

Ms. Kepler earned her B.A. from Northwestern University in Evanston, Illinois, and her J.D. from New England School of Law in Boston, Massachusetts. She is admitted to practice law in Illinois. Her credentials span more than two decades in attorney regulation and professional responsibility, including prosecutorial, federal agency, and bar association leadership roles that ground her risk control work in direct disciplinary and ethics enforcement experience.

• Recognition & Leadership

Ms. Kepler has served in various capacities, including as President, on the Board of the National Organization of Bar Counsel, the nonprofit organization of legal professionals who enforce the ethics rules regulating lawyer conduct in the United States and abroad. She also provided national leadership as Director of the American Bar Association’s Center for Professional Responsibility, developing and interpreting standards and scholarly resources in legal and judicial ethics.

• Professional Involvement

Ms. Kepler is an Adjunct Professor teaching Legal Ethics at Georgetown University Law Center, American University’s Washington College of Law, and Loyola University Chicago School of Law. She served on the ABA Commission on Lawyers Assistance Programs as a Commission member, Advisory Committee member, and Chair of its Education and Senior Lawyer Committees. She sits on the board of the Institute for Well-Being in Law and advises the Mindfulness in Law Society.

• Experience

Before joining CNA, Ms. Kepler directed the ABA Center for Professional Responsibility. From 2014 to 2016 she served as an Associate Solicitor in the Office of General Counsel of the U.S. Patent and Trademark Office, handling investigation, prosecution, and appeal of practitioner disciplinary matters before the agency, U.S. District Courts, and the Federal Circuit. From 2000 to 2014 she prosecuted attorney misconduct cases as Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission.

Christopher E. Hart, Counsel | Anderson & Kreiger LLP

Christopher E. Hart is Counsel at Anderson & Kreiger LLP in Boston, where he advises organizations on risk at the intersection of technology, data, and regulation. He counsels clients ranging from startups to global enterprises on privacy, cybersecurity, and artificial intelligence, designs and implements compliance strategies, guides responses to data incidents, and represents clients in high-stakes disputes and government investigations arising from data security incidents and regulatory scrutiny.

• Education & Credentials

Mr. Hart earned his J.D., magna cum laude and Order of the Coif, from Duke University School of Law in 2005, an M.A. from St. John’s College in 2002, and a B.A. from Harvard University in 2000. He is admitted in Massachusetts, the District of Columbia, and Maryland, holds CIPP/US, CIPP/E, and CIPM privacy certifications, and clerked for the Honorable Anthony J. Scirica, Chief Judge of the U.S. Court of Appeals for the Third Circuit.

• Recognition & Leadership

Mr. Hart is listed in Best Lawyers in America for Privacy and Data Security Law (2024-2026) and Artificial Intelligence Law (2026), and in Super Lawyers for Civil Litigation (2025-26). Massachusetts Lawyers Weekly named him a “Go To Lawyer” for Cyber/Data Security in 2024, Boston Magazine has recognized him as a Top Lawyer in three litigation categories, and JD Supra honored him as a top cybersecurity author in 2017.

• Professional Involvement

Mr. Hart serves as Vice President of the Boston Bar Association, where he previously served as Treasurer and chaired its Privacy, Data Security, and Digital Rights Conference. He served as President and Governor of the Hispanic National Bar Association’s Region 1 (New England) and remains a Deputy Governor. He sits on the Advisory Board of the IAPP Privacy Bar Section, serves on the Massachusetts Standing Advisory Committee on the Rules of Appellate Procedure, and teaches at Northeastern University.

• Experience

Mr. Hart obtained a full recovery for a major international investment firm that suffered a multi-million dollar loss in a payment fraud hack and successfully defended a national law firm against a legal malpractice claim. He guides organizations through incident response from discovery to resolution, has held Federal Bar Association Massachusetts Chapter leadership roles, and writes and speaks widely on cybersecurity, including publications on ransomware and the uncertainties of cyber insurance.

SESSION 1 – When the Worst Happens: Responding to a Wire Fraud Incident | 1:00pm – 2:00pm

Despite strong controls, even vigilant firms can become victims of cybercrime. This session focuses on identifying and defining the nature of a cyber incident, understanding the immediate response priorities, and navigating the complex legal, insurance, and regulatory consequences that follow. Using judicial decisions and real-world examples, attendees will explore how courts allocate losses, how professional liability, cyber, and crime insurance policies may respond, and what actions are critical during the first hours and days after discovering a fraudulent transfer.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Ethical Duties in an Era of Cyber Risk | 2:10pm – 3:10pm

This session explores how traditional professional responsibility obligations intersect with wire fraud attacks. Attorneys will examine the technology competence requirements under Model Rule 1.1, the safeguarding obligations imposed by Model Rule 1.15, and the communications responsibilities arising under Model Rule 1.4. The program will discuss how courts, clients, and disciplinary authorities increasingly view cybersecurity as an integral component of competent legal representation.