Stephen M. Byers, Partner Washington, D.C.
sbyers@crowell.com
Phone: +1 202.624.2878
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Stephen M. Byers is a partner in the firm's White Collar & Regulatory Enforcement Group, for which he serves as a Steering Committee member, and the 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.

Mr. Byers' practice focuses on matters involving antitrust conspiracies, foreign bribery, trade secrets theft, computer crimes and cybersecurity, and procurement fraud. He has extensive experience with the Foreign Corrupt Practices Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, and the federal False Claims Act and qui tam litigation. In addition to defense of government investigations and prosecutions, Mr. Byers has represented corporate victims of trade secrets theft and other offenses. He recently played a key role in obtaining one of the largest civil trade secret verdicts in U.S. history -- a $919.9 million damages award to DuPont based on misappropriation of Kevlar® trade secrets by a Korean competitor, Kolon Industries, Inc.

Mr. Byers' other trial experience includes the acquittal of a major transportation company accused of filing false reports with a federal agency; and the acquittal of a senior executive of a major pharmaceutical company charged with conspiracy, obstruction and other crimes.

Mr. Byers' experience in E-Discovery includes counseling clients on electronic discovery issues in the context of internal and government investigations, including the use of computer forensics as an investigative tool, and negotiating with government investigators concerning the preservation, processing and production of electronically stored information (ESI). Mr. Byers has written and spoken widely on e-discovery issues in the context of criminal investigations and prosecutions. He previously served as the Chair of the ABA Criminal Justice Section's Task Force on Criminal E-Discovery.

Mr. Byers received his law degree in 1992 from the University of Virginia School of Law where he served on the Editorial Board of the Virginia Law Review.

Mr. Byers is a member of the bar of the District of Columbia, the bars of the United States District Court for the District of Columbia and other federal courts, and the American Bar Association Sections on Litigation and Criminal Justice.



Affiliations

Admitted to practice: District of Columbia, U.S. District Court for the District of Columbia, U.S. Court of Appeals for the Fourth Circuit



Highlights, News & Knowledge


Speeches & Presentations

  • "E.I. du Pont de Nemours & Co. v. Kolon Industries, Inc. case presentation," AIPLA Trade Secret Law Committee (June 18, 2015). Presenters: Mark A. Klapow, Michael J. Songer, and Stephen M. Byers.
  • "Litigation Forecast 2013: The Evolving White Collar Enforcement Landscape," Crowell & Moring Webinar (June 13, 2013). Presenters: Stephen M. Byers, Andy Liu, and Daniel L. Zelenko.
  • "Managing the Cyber Threat Crisis: An Interactive Workshop on Cyber Threats and Cyber Security," Crowell & Moring, Washington, D.C. (April 4, 2013). Panelists: David Z. Bodenheimer, Bryan Brewer, Stephen M. Byers, Robin B. Campbell, Morris F. DeFeo Jr., Cheryl A. Falvey, Jeffrey L. Poston, Jeffrey L. Snyder, Michael J. Songer, and Scott L. Winkelman.
  • "The DOJ/SEC Resource Guide on the FCPA: Considerations for Government Contractors," L2 Federal Resources Webinar (January 17, 2013). Presenters: Alan W. H. Gourley, Stephen M. Byers, Janet Levine, and Kelly T. Currie.
  • "Subpoenas and Government Investigations," E-Discovery in Government Investigations and Criminal Litigation, ABA Criminal Justice Section Spring Conference (Los Angeles, April 2012). Panel Moderator: Stephen M. Byers.
  • "E-Discovery: Will There Ever Be Any Rules?," ABA White Collar Crime Institute (Miami, March 2012). Panel Moderator: Stephen M. Byers.
  • "Electronic Discovery in the Criminal Context," Introduction to Electronic Discovery and Evidence, Georgetown University Law Center (Spring 2010, Spring 2011). Guest Speaker: Stephen M. Byers.
  • "Criminal Law," E-Discovery Seminar for Federal Judges, Federal Judicial Center (September 29, 2010). Panelist: Stephen M. Byers.
  • "ESI in Investigations," Electronic Information in Criminal Actions, presented by the United States District Court for the District of New Jersey in cooperation with The Sedona Conference® (June 14, 2010). Panelist: Stephen M. Byers.
  • "ESI and Search Warrants," Electronic Information in Criminal Actions, presented by the United States District Court for the District of New Jersey in cooperation with The Sedona Conference® (June 14, 2010). Panelist: Stephen M. Byers.
  • "Electronic Discovery and Evidence in Criminal Actions," BNA Audioconference (September 23, 2009). Faculty Member: Stephen M. Byers.
  • "E-Discovery in Criminal Cases," ABA National Institute on White Collar Crime, San Francisco, CA (March 5, 2009). Panelist: Stephen M. Byers.
  • "E-Discovery in the Criminal Context," Georgetown Law Center Fifth Annual Advanced E-Discovery Institute, Washington, D.C. (November 21, 2008). Panelist: Stephen M. Byers.
  • "Materiality, Causation and Reliance as Elements of Civil False Claims Act Liability," ABA-CLE 16th Annual National Institute on White Collar Crime (February 28-March 1, 2002). Co-Authors: Stephen M. Byers, Brian C. Elmer and Burke W. Kappler.
  • "FCA Damages and Penalties: Recent Developments and Recurrring Themes," ABA National Institute on White Collar Crime (2001). Co-Authors: Brian C. Elmer and Stephen M. Byers.


Publications



Client Alerts & Newsletters



In the News



Firm News & Announcements

Jul.27.2015 Crowell & Moring Receives Two American Lawyer 'Global Legal Awards' for Global Dispute of the Year in U.S. Litigation and Pro Bono
Jan.22.2015 Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
Jun.05.2014 Crowell & Moring Releases "Data Law Trends & Developments" Report
Jun.24.2013 Crowell & Moring Recognized by National Law Journal as Washington, D.C. "General Civil Litigation" Department of the Year
Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
Feb.16.2012 Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar
Sep.15.2011 Crowell & Moring Client DuPont Wins Trade Secret Case Against Kolon Industries
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