Stephen M. Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group, and E-Discovery & Information Management Group. Mr. Byers’ practice involves counseling and representation of corporate and individual clients in all phases of white collar criminal and related civil matters, including: internal corporate investigations; federal grand jury, inspector general and congressional investigations; and trials and appeals.
By Stephen M. Byers on Posted in Criminal Law,Cybersecurity / Data Security,PrivacyLast week, in United States v. Agrawal, the Second Circuit upheld a jury’s 2010 conviction of a former Société Générale trader under the Economic Espionage Act (EEA) and the National Stolen Property Act (NSPA). The three-judge panel unanimously affirmed the NSPA conviction, but split on whether the EEA conviction could stand in light of the… Continue Reading
By Stephen M. Byers on Posted in Criminal Law,Preservation,Sanctions,SpoliationI have previously written about the spoliation litigation and sanctions in the DuPont v. Kolon trade secrets dispute, in which Crowell & Moring represents the plaintiff and which resulted in a $920 million jury verdict for our client DuPont. The deletion of ESI by the defendant in that case resulted in an adverse inference jury… Continue Reading
By Justin P. Murphy and Stephen M. Byers on Posted in Privilege/Rule 502,RulesA recent court ruling illustrates the significant value of Federal Rule of Evidence 502 for preserving privilege in a cost-effective and expedient manner. In Chevron v. Weinberg Group, Misc. Action No. 11-409 (D.D.C.), Magistrate Judge John Facciola entered a Rule 502(d) order that allows the defendant to knowingly produce purportedly privileged materials without waiving any… Continue Reading