Stephen M. Byers is a partner in the firm's White Collar & Regulatory Enforcement Group and serves on the group's steering committee. He is also a member of the firm's Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers's 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, civil enforcement and congressional investigations; and trials and appeals.
Mr. Byers's practice focuses on matters involving procurement fraud, health care fraud and abuse, trade secrets theft, foreign bribery, computer crimes and cybersecurity, and antitrust conspiracies. He has extensive experience with the federal False Claims Act and qui tam litigation, the Foreign Corrupt Practices Act, the Economic Espionage Act, and the Computer Fraud and Abuse Act. In addition to defense of government investigations and prosecutions, Mr. Byers has represented corporate victims of trade secrets theft, cybercrime, and other offenses. For example, he represented a Fortune 100 U.S. company in parallel civil and criminal proceedings that resulted in a $275 million criminal restitution order against a foreign competitor upon its conviction for trade secrets theft.
Mr. Byers's 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's experience in e-discovery includes counseling clients on electronic discovery issues in the context of internal and government investigations, including the use of technology-assisted review and computer forensics as investigative tools, and negotiating with government investigators concerning the preservation, processing, and production of electronically stored information. Mr. Byers has written and spoken widely on e-discovery issues in the context of criminal investigations, and 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 U.S. District Court for the District of Columbia and other federal courts, and the American Bar Association Sections on Criminal Justice and Public Contract Law.
Representative Matters
Procurement Fraud
- Represent Fortune 500 defense contractor in government investigation of procurement fraud based on failure to comply with and false certifications related to Qualified Product List requirements.
- Represented Fortune 500 government contractor in internal investigation, disclosure and federal criminal investigation of alleged small-business fraud, kickbacks and related misconduct, resulting in criminal conviction of former executive and $5 million mandatory restitution award to client company.
- Represented Fortune 100 transportation company in parallel criminal and civil fraud investigations of alleged massive overcharging of federal government based on misrepresentations of contract performance.
- Represented government IT contractor and its owners in federal grand jury investigation of alleged small-business fraud and bribery, resulting in criminal conviction of joint-venture partner but no adverse action against client.
- Represented multinational document-management company in internal investigation, disclosure, and federal grand jury investigation of potential bribery of federal contracting officer by former employee, resulting in no adverse action against client.
- Represent major provider of IT systems and services to federal government in numerous internal investigations involving a variety of issues including alleged cyber security breaches, physical security breaches, labor mischarging, and falsified documentation of contract performance.
- Represented war zone defense contractor in internal investigation and related congressional investigation of various inflammatory public allegations including human trafficking and labor mischarging.
- Represented former employee of national consulting firm in parallel criminal and civil fraud investigations of alleged overcharging based on Cost Accounting Standards violations.
- Represented Fortune 100 defense contractor in federal grand jury investigation of alleged falsification of testing documentation for military aircraft parts; government closed investigation with no action taken against client.
- Represented defense contractor in internal investigation and disclosure of alleged falsification of destructive-testing documentation for military safety gear; government closed investigation with no action taken against client.
- Represented military hardware manufacturer in internal investigation of criminal small-business fraud, including assessment and formulation of strategy for potential disclosures.
- Represented university board of trustees in internal investigation of alleged federal research grant mischarging and kickbacks.
False Claims Act - Government Contracts
- Represented Fortune 500 defense contractor in FCA investigation of alleged overcharging based on Cost Accounting Standards violations; convinced government to close investigation with no adverse action taken against client.
- Represented manufacturer of military hardware in FCA investigation of false claims based on provision of allegedly defective products; convinced government to close investigation with no adverse action taken against client.
- Represented large engineering and construction firm in qui tam action and FCA investigation of overcharging based on violations of the Truth in Negotiations Act; case settled on favorable terms, with vast majority of settlement payment focused on non-fraud contract claims.
- Represented Fortune 100 transportation company in parallel criminal and FCA investigations of alleged massive overcharging of federal government based on misrepresentations of contract performance.
- Represented Fortune 500 transportation company in FCA investigation of overcharging based on misrepresentation of contract performance; convinced government to drop FCA investigation and resolve as contract dispute.
- Represented Fortune 500 transportation company in FCA qui tam litigation based on allegations of labor and material mischarging; won motion to dismiss that dispensed with case.
- Represented large U.K. defense contractor in FCA investigation and qui tam litigation based on allegations of widespread labor and material overcharging on USAF contracts; case settled on favorable terms.
- Represented Fortune 100 defense contractor in related FCA qui tam actions concerning accounting for asset depreciation and self-insurance costs; cases settled on favorable terms.
False Claims Act - Health Care
- Represented regional health system in FCA qui tam action based on alleged pervasive Stark Law and Anti-Kickback Statute violations; won motion to dismiss that forced relator to settle for nuisance value.
- Represented regional health system in FCA qui tam action based on alleged medically unnecessary procedures and upcoding; settled for nominal amount.
- Represented trade association of leading health systems for purposes of filing amicus brief in U.S. Supreme Court supporting granting writ of certiorari in FCA case with industry-wide implications.
PPP Loan Fraud
- Represent CEO of defense contractor in high-profile investigation of alleged bank fraud in connection with Paycheck Protection Program (PPP) loans.
Foreign Corrupt Practices Act
- Represented aviation company in criminal investigation of bribes paid to Middle Eastern customer; convinced DOJ to decline prosecution of client.
- Represented Fortune 500 telecommunications company in internal investigation of alleged rampant bribery in AsiaPac region, and recommended compliance program improvements.
- Represented large multinational medical device company in comprehensive revamping of all aspects of anti-corruption compliance program.
- Represented Fortune 100 chemical and life sciences company for purposes of counseling on a variety of anti-corruption issues arising in China.
Trade Secrets Theft and Cybercrime
- Represent global oil-and-gas sector company in internal investigation of alleged misappropriation and use of sealed bidding information improperly acquired from customer employees by alleged corrupt foreign sales agent.
- Represented Fortune 100 company, which was victim of extensive trade secrets theft, in complex parallel civil and criminal proceedings; foreign competitor ultimately pleaded guilty to trade secrets theft and paid client $275 million in criminal restitution.
- Represented CEO of high tech company in criminal prosecution for hacking into competitor's computer system; following guilty plea, client was sentenced to 2 months of incarceration despite Sentencing Guidelines range of, and government request for, a sentence from 18 to 24 months.
- Represented national consulting firm in investigating and resolving trade secrets theft by former employee.
- Represented Fortune 100 chemical and life sciences company in parallel civil and criminal proceedings against employee for theft of trade secrets.
- Represented large multinational defense contractor in investigating and resolving trade secrets theft by former employee.
Antitrust
- Represented European national airline in global cartel investigation, including DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in air cargo industry and related offenses including obstruction of justice; matter resolved through negotiated guilty plea.
- Represented joint venture between major chemical companies in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing and customer allocation in synthetic fibers markets; matter resolved through negotiated guilty plea.
- Represented multinational auto parts manufacturer in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in aftermarket parts market; investigation closed with no adverse action taken against client.
- Represented Fortune 100 chemical company in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in aftermarket automotive paint market; investigation closed with no adverse action taken against client.
- Represented two individuals in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in residential doors market; no adverse action taken against clients.
Export Control
- Represented individual in criminal investigation and prosecution of export control violations based on alleged transshipments of forklifts to Iran; secured cooperation agreement granting client immunity from prosecution.
- Represented individual in criminal investigation of export control violations based on alleged transshipments of aircraft parts to Iran; no adverse action taken against client.
Public Integrity
- Represent CEO of defense contractor in federal grand jury investigation of allegedly improper campaign contributions to sitting members of the U.S. House of Representatives and U.S. Senate.
- Represented multinational document-management company in internal investigation, disclosure, and federal grand jury investigation of potential bribery of federal contracting officer by former employee; no adverse action taken against client.
- Represented federal SES employee in long-running investigation of alleged contempt of court and false statements by numerous agency personnel; no adverse action taken against client.
- Represented two high-ranking White House officials in several parallel congressional and criminal investigations; no adverse action taken against clients.
- Represented former high-ranking DOJ official in investigation and prosecution by Independent Counsel; matter resolved on eve of trial through guilty plea on favorable terms.
Trials
- Represented pharmaceutical company vice president through investigation and trial of alleged criminal violations of FDA rules and regulations and obstruction of a federal proceeding; client acquitted.
- Represented Fortune 500 transportation company in investigation and trial of alleged criminal false statements and certifications to a federal agency; client acquitted.
Insights
Speeches & Presentations
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar, 2023.
(January 12, 2023).
Presenters: Crowell & Moring Government Contracts Group.
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"Best Practices for Responding to Subpoenas," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speaker: Stephen M. Byers, John E. Davis, Agustin D. Orozco, Lisa Umans.
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"Strategies for Handling Disclosures and Government Stakeholders," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speakers: Lorraine Campos, and Stephen Byers, Peter Eyre, and Rebecca Ricigliano.
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"Procurement Fraud and the False Claims Act," Back Together Again for OOPS 2022, Washington, D.C.
(May 17, 2022).
Speakers: Stephen Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Brian Tully McLaughlin, and Agustin Orozco.
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"Small Businesses in Federal Government Contracting," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 18, 2021).
Speakers: Olivia Lynch, Stephen M. Byers, and Zachary Schroeder.
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"Risk Management in Teaming and Joint Ventures with Small Businesses," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 11, 2021).
Presenters: Stephen M. Byers, Amy Laderberg O'Sullivan, Jared Engelking, and Michael E. Samuels.
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"Trade Secrets Investigations," Investigations: Readiness and Response Webinar Series
(April 29, 2021).
Presenters: Caroline E. Brown, Stephen M. Byers, Astor Heaven, Christine B. Hawes, and Raija Horstman.
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"Government Contracts Investigations: The False Claims Act and Beyond," Investigations: Readiness and Response Webinar Series
(April 28, 2021).
Presenters: Stephen M. Byers, Lorraine M. Campos, Brian Tully McLaughlin, Preston L. Pugh, and M. Yuan Zhou.
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"From ESI to Evidence: Document Preservation, Collection and Analysis," Crowell & Moring's Investigations Workshop 2019, Washington, DC
(May 8, 2019).
Moderator: Stephen M. Byers; Speakers: John E. Davis, Tiffany Wynn, and Nimrod Haim Aviad.
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"The False Claims Act: Qui Tam Whistleblower Litigation and Investigations," Crowell & Moring Webinar
(October 17, 2018).
Speakers: Stephen M. Byers, Brian Tully McLaughlin, Christine B. Hawes, and Mana Elihu Lombardo.
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"Investigations 201: From ESI to Evidence - Document Preservation, Collection, and Analysis," Crowell & Moring Webinar
(June 28, 2018).
Presenters: Stephen M. Byers, Nimrod Haim Aviad, and Dalal Hasan.
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"Small Business Status, Investigations, and Consequences," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 17, 2018).
Presenters: Amy Laderberg O'Sullivan, Stephen M. Byers, Olivia L. Lynch, and Jared Engelking.
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"Investigations: Protecting the Company in our New Environment," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Gail D. Zirkelbach, Stephen M. Byers, Jacinta Alves, and Judy Choi.
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"What Will the New Year (and Administration) Bring for Government Contractors?" Crowell & Moring First 100 Days Webinar, Washington, D.C.
(January 25, 2017).
Presenters: Crowell & Moring Government Contracts Group.
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"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.
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"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.
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"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.
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"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.
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"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.
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"E-Discovery: Will There Ever Be Any Rules?," ABA White Collar Crime Institute
(Miami, March 2012).
Panel Moderator: Stephen M. Byers.
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"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.
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"Criminal Law," E-Discovery Seminar for Federal Judges, Federal Judicial Center
(September 29, 2010).
Panelist: Stephen M. Byers.
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"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.
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"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.
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"Electronic Discovery and Evidence in Criminal Actions," BNA Audioconference
(September 23, 2009).
Faculty Member: Stephen M. Byers.
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"E-Discovery in Criminal Cases," ABA National Institute on White Collar Crime, San Francisco, CA
(March 5, 2009).
Panelist: Stephen M. Byers.
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"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.
Publications
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"Questions Remain After First FCA Settlement With PPP Lender," Law360
(November 8, 2022).
Authors: Olivia Lynch, Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, and Zachary Schroeder.
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"Fifth Circuit Bolsters Company’s Claim for Return of Privileged Documents Seized by Government," Crowell & Moring’s Data Law Insights
(August 2, 2021).
Authors: Stephen M. Byers and Halie E. Kaplan.
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"INSIGHT: High Court's First Foray Into Computer Fraud Act Could Upend Liability," Bloomberg Law
(May 11, 2020).
Authors: Stephen M. Byers, Gabriel M. Ramsey, Jeffrey L. Poston, Kayvan M. Ghaffari.
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"Clarifications Needed After DOJ's New FCPA Policy," Law360
(March 22, 2019).
Authors: Derek A. Hahn, Dalal Hasan, Thomas A. Hanusik, and Stephen M. Byers.
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"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery," Westlaw Journal Government Contracts
(January 15, 2019).
Authors: William S.W. Chang, Laura M. Kidd Cordova, Stephen M. Byers, Brian Tully McLaughlin, Paul Rosen, David W. O'Brien, Spencer Churchill, and Bridget Carr.
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"The CLOUD Act and the Future of International Access to E-Evidence," Crowell & Moring's Data Law Insights
(May 30, 2018).
Authors: Stephen M. Byers and Joanne Oleksyk.
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"The Government's Big Stick For Fighting Small Biz Fraud," Law360
(January 23, 2018).
Authors: Amy Laderberg O'Sullivan, Stephen Byers and Jason Crawford.
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"Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act," Crowell & Moring's Government Contracts Legal Forum
(February 7, 2017).
Authors: Amy S. Lee, Patrick S. Brown, Peter J. Eyre, David B. Robbins, Stephen M. Byers and Alan W. H. Gourley.
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"Investigations – Under Pressure and Out of Time," Crowell & Moring's Litigation Forecast 2017
(January 2017).
Contributors: Kelly Curie, Kent Gardiner, Philip Inglima, Gail Zirkelbach, Angela Styles, Trina Fairley Barlow, Cari Stinebower, and Stephen Byers.
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"Flash Crash Fears Subvert Trade Secret Protection of Source Code," Crowell & Moring's Trade Secrets Trends
(November 18, 2016).
Authors: Stephen M. Byers and Joanne Oleksyk.
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"United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer," Crowell & Moring's Trade Secrets Trends
(July 18, 2016).
Authors: Stephen M. Byers, Mark Romeo, Preetha Chakrabarti, and Joanne Oleksyk.
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"2nd Circuit: Government Cannot Force Companies to Hand Over Communications Data Stored Overseas," Crowell & Moring's Data Law Insights
(July 15, 2016).
Authors: Stephen M. Byers, Jeffrey L. Poston, Evan D. Wolff, Kate M. Growley, and Justin Kingsolver.
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"Supreme Court to Hear FCA Seal Violation Issue," Crowell & Moring's Whistleblower Watch
(June 2, 2016).
Author: Robert Rhoad, Brian Tully McLaughlin, David W. O'Brien, Stephen M. Byers, and Jason M. Crawford.
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"Court Dismisses Counterclaim Against FCA Whistleblower for Disclosing Confidential Information," Crowell & Moring's Whistleblower Watch
(May 16, 2016).
Authors: Robert Rhoad, Stephen M. Byers, Jason M. Crawford, and Charles Baek.
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"The Growing Momentum for Federal Trade Secrets Legislation," Crowell & Moring's Trade Secrets Trends
(August 5, 2015).
Authors: Mark Klapow, Vincent J. Galluzzo, Ali Tehrani, and Stephen M. Byers.
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"Calling the Cops: Managing a Criminal Investigation and Prosecution of Trade Secrets Theft," Crowell & Moring's Trade Secrets Trends
(June 12, 2015).
Author: Stephen M. Byers.
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"Calling the Cops: Initiating a Government Investigation of Trade Secrets Theft," Crowell & Moring's Trade Secrets Trends
(May 13, 2015).
Author: Stephen M. Byers.
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"Split Verdict – Second Criminal Trial of Infamous Goldman Source-Code Thief Concludes," Crowell & Moring's Trade Secrets Trends
(May 12, 2015).
Authors: Louisa K. Marion and Stephen M. Byers.
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"Calling the Cops: Enforcing Trade Secret Rights Through Criminal Prosecution," Crowell & Moring's Trade Secrets Trends
(May 6, 2015).
Author: Stephen M. Byers.
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"Bellwether DuPont-Kolon Trade Secrets Case Resolved Through Civil Settlement and Criminal Guilty Plea," Crowell & Moring's Trade Secrets Trends
(May 4, 2015).
Authors: Michael J. Songer and Stephen M. Byers.
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"SEC Claims Employer’s Confidentiality Agreement Muzzles Whistleblowers; Orders Change to Agreement and $130,000 Fine," Crowell & Moring's Whistleblower Watch
(April 2, 2015).
Author: Stephen M. Byers.
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"Recent Conviction Illustrates How Obscure Federal Statute Can Be Used to Criminally Prosecute Those Who Design and Sell Devices and Apps Capable of Surreptitious Monitoring," Crowell & Moring's Data Law Insights
(December 2, 2014).
Co-Authors: Stephen M. Byers and Louisa K. Marion.
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"Hot Topics in Criminal E-Discovery," Crowell & Moring's Data Law Insights
(June 20, 2014).
Co-Authors: Justin P. Murphy and Stephen M. Byers.
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"Data Law Trends & Developments: E-Discovery, Privacy, Cybersecurity & Information Governance," a Crowell & Moring LLP publication
(June 2014).
Contributors.
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"Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2014).
Contributor.
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"Exporting U.S. Antitrust Law: The DOJ's Increasing Focus on Asia," Criminal Justice, Vol. 28, No.3
(Fall 2013).
Co-Authors: M. Brinkley Tappan and Stephen M. Byers.
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"Spoliation of ESI Charged as Criminal Offense Under Computer Fraud and Abuse Act," Crowell & Moring's E-Discovery Law Insights
(July 30, 2013).
Co-Authors: Stephen M. Byers and Amelia Schmidt.
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"DOJ Faces Challenges In Prosecuting Foreign Corporations," Law360
(April 18, 2013).
Co-Authors: Stephen M. Byers and Jason C. Lynch.
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"U.S.-EU Framework Agreement on Data Protection in Law Enforcement Investigations Inches Forward," Crowell & Moring's E-Discovery Law Insights
(April 9, 2013).
Author: Stephen M. Byers.
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"Court Awards $4.5 Million In Attorneys' Fees and Expenses as Spoliation Sanction for Bad Faith Deletion of Email and Other ESI," Crowell & Moring's E-Discovery Law Insights
(February 7, 2013).
Author: Stephen M. Byers.
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"Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," Crowell & Moring LLP publication
(January 2013).
Contributor.
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"E-Discovery in the Criminal Context: Considerations for Company Counsel," Digital Discovery & E-Evidence, Vol. 9, No. 10, BNA, Inc.
(October 1, 2009).
Co-Authors: Stephen M. Byers and Justin P. Murphy.
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"'E-Discovery' in the Criminal Context: Emerging Issues and Trends," 2009 ABA National Institute on White Collar Crime
(March 2009).
Co-Authors: Justin P. Murphy, Stephen M. Byers and Janet I. Levine.
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"E-Discovery in the Criminal Context: Considerations for Company Counsel," White Collar Crime Report, BNA, Inc.
(February 13, 2009).
Co-Authors: Stephen M. Byers and Justin P. Murphy.
Client Alerts & Newsletters
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"FCA Settlement Offers Reminder of the Importance of TAA and PRC Compliance,"
Government Contracts Bullet Points
(December 21, 2022).
Contacts: Stephen M. Byers, Adelicia R. Cliffe, Brian Tully McLaughlin, Payal Nanavati
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"DOJ Announces First-Ever False Claims Act Settlement with PPP Lender and Creation of COVID-19 Fraud Strike Force Teams,"
Government Contracts Bullet Points
(September 16, 2022).
Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Olivia Lynch, Zachary Schroeder
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"Procurement Collusion Strike Force Nabs Another Military Contractor in Bid Rigging Scheme,"
Government Contracts Bullet Points
(June 27, 2022).
Contacts: Stephen M. Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Agustin D. Orozco, Cherie J. Owen
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"DOJ’s Revised Prosecutorial Guidelines: The “Ethical” Hacker Exemption,"
Privacy Law Alert
(June 3, 2022).
Contacts: Nimrod Haim Aviad, Stephen M. Byers, Matthew B. Welling, Evan D. Wolff, Alexander Urbelis, Anand Sithian
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"Department of Justice Settles First False Claims Act Case Under its Civil Cyber-Fraud Initiative,"
Government Contracts Bullet Points
(March 14, 2022).
Contacts: Agustin D. Orozco, Brian Tully McLaughlin, Stephen M. Byers, Evan D. Wolff, Nkechi Kanu
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"Us Deputy Attorney General Requests Assistance From Companies in the Fight Against Cybercrime,"
Privacy Law Alert
(October 25, 2021).
Contacts: Sarah Rippy, Maida Oringher Lerner, Brian Tully McLaughlin, Rebecca Monck Ricigliano, Stephen M. Byers, Evan D. Wolff
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"Just in Time for Halloween: DOJ Launches Cyber Enforcement Initiative Using False Claims Act,"
Government Contracts Bullet Points
(October 8, 2021).
Contacts: Michael G. Gruden, CIPP/G, Nkechi Kanu, Brian Tully McLaughlin, Rebecca Monck Ricigliano, Stephen M. Byers, Evan D. Wolff
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"Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act,"
False Claims Bullet Points
(July 27, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Stephen M. Byers, Preston L. Pugh, Lyndsay A. Gorton
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"District Court Reverses Course on Whether Kickbacks Presumptively Inflated Government Costs Under the False Claims Act,"
Government Contracts Bullet Points
(June 15, 2021).
Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan
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"False Claims Act Settlement Highlights DOJ’s Continued Pursuit of Large Contractors That Fail to Meet Subcontracting Requirements,"
Government Contracts Bullet Points
(June 8, 2021).
Contacts: Stephen M. Byers, Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan
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"Supreme Court Resolves Circuit Split over Scope of Computer Fraud and Abuse Act,"
Privacy Law Alert
(June 4, 2021).
Contacts: Nimrod Haim Aviad, Stephen M. Byers, Mark A. Klapow, Anne Elise Herold Li, Raija Horstman
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""Authorized Access": The Supreme Court’s First Foray Into The Computer Fraud And Abuse Act,"
Litigation Alert
(April 22, 2020).
Contacts: Stephen M. Byers, Jeffrey L. Poston, Gabriel M. Ramsey
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"Avoiding Waivers of Privilege in Corporate Disclosures to the Government,"
Government Contracts Bullet Points
(March 26, 2020).
Contacts: Stephen M. Byers, Alan W. H. Gourley, Brian Tully McLaughlin
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"Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege,"
Government Contracts Bullet Points
(February 6, 2020).
Contacts: Nicole Owren-Wiest, Stephen M. Byers, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
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"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery,"
White Collar Alert
(November 30, 2018).
Contacts: Stephen M. Byers, Kelly T. Currie, Brian Tully McLaughlin, David W. O'Brien
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"Let's Talk FCA: Parallel Criminal and Civil False Claims Act Proceedings (September 2018),"
Podcast: Let's Talk FCA
(September 13, 2018).
Contacts: Rebecca Monck Ricigliano, Stephen M. Byers, Jason M. Crawford
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"Widespread WOSB and EDWOSB Contracting Problems,"
Government Contracts Bullet Points
(June 26, 2018).
Contacts: Stephen M. Byers, Olivia Lynch, Amy Laderberg O'Sullivan
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"Prime Settles Allegations of Small Businesses Subcontracting Fraud,"
Government Contracts Bullet Points
(June 21, 2018).
Contacts: Amy Laderberg O'Sullivan, Stephen M. Byers, Olivia Lynch, Jason M. Crawford
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"The Month in International Trade — November 2017,"
International Trade Bulletin
(December 7, 2017).
Contacts: Jeffrey L. Snyder, Edward Goetz, Robert Holleyman, Evan Yu, Adelicia R. Cliffe, Alan W. H. Gourley, David (Dj) Wolff, Eduardo Mathison, Kelly T. Currie, Stephen M. Byers, John B. Brew, Ryan MacFarlane
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"DOJ Creates Presumption of Corporate Declination in FCPA Cases,"
White Collar Alert
(November 30, 2017).
Contacts: Kelly T. Currie, Stephen M. Byers
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"Whistleblower Rebuffs Counterclaim for Disclosing Confidential Information,"
Government Contracts Bullet Points
(May 20, 2016).
Contacts: Stephen M. Byers, Jason M. Crawford, Charles Baek
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"For the First Time, a Federal Civil Cause of Action for Trade Secret Theft,"
Trade Secrets Alert
(May 11, 2016).
Contacts: Vincent J. Galluzzo, Mark A. Klapow, Stephen M. Byers
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"This Month in International Trade - April 2016,"
International Trade Bulletin
(May 5, 2016).
Contacts: John B. Brew, Edward Goetz, Daniel Cannistra, Anne Elise Herold Li, David (Dj) Wolff, Carlton Greene, Stephen M. Byers, Kelly T. Currie, Thomas A. Hanusik, Alan W. H. Gourley, Glen G. McGorty, Ian A. Laird
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"Value of Services Performed Must Be Considered in Fraud Case,"
Government Contracts Bullet Points
(May 2, 2016).
Contacts: Peter Eyre, Stephen M. Byers, Philip T. Inglima
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"Where Fraud Leads, We Will Follow: DOJ to Heighten Focus on Corporate Health Care Fraud, Health Care Executives, and Adequacy of Compliance,"
White Collar Alert
(April 19, 2016).
Contacts: David W. O'Brien, John T. Brennan Jr., Troy A. Barsky, Stephen M. Byers, Kelly T. Currie, Nimrod Haim Aviad, Laura Schwartz
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"Courts Can Bark But Can't Bite: D.C. Circuit Holds DPAs are in the Sole Province of Prosecutors,"
White Collar Alert
(April 8, 2016).
Contacts: Thomas A. Hanusik, Glen G. McGorty, Kelly T. Currie, Stephen M. Byers
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"And Now the Carrots: DOJ Announces FCPA Self-Reporting Pilot Program,"
White Collar Alert
(April 6, 2016).
Contacts: Stephen M. Byers, Kelly T. Currie, Thomas A. Hanusik, Alan W. H. Gourley
-
"Avoiding Compliance Red Cards After the FIFA Scandal: Anti-Corruption Considerations for Sponsors and Sports Marketing Companies,"
Advertising & State AG Alert
(June 8, 2015).
Contacts: David Ervin, Glen G. McGorty, Stephen M. Byers, Jeff Severson
-
"Announcing Trade Secrets Trends, Crowell & Moring's New Blog Covering Trade Secrets Law,"
Trade Secrets Alert
(May 5, 2015).
Contacts: Mark A. Klapow, Stephen M. Byers
-
"Eleventh Circuit Endorses Broad Definition of 'Foreign Official' Under the FCPA,"
Regulatory Alert
(May 20, 2014).
Contacts: Alan W. H. Gourley, Stephen M. Byers, Kelly T. Currie
-
"Consensus Grows as Congress Continues to Refine Its Efforts to Create a Federal Civil Cause of Action For Certain Trade Secret Theft,"
Regulatory Alert
(May 12, 2014).
Contacts: Mark A. Klapow, Stephen M. Byers
-
"U.S. Government Could Compel ISPs to Produce Personal Data Stored Abroad,"
Electronic Discovery & Information Management Alert
(May 7, 2014).
Contact: Stephen M. Byers
-
"Antitrust Division Announces First Extradition on Antitrust Charge,"
Antitrust Law Alert
(April 4, 2014).
Contact: Stephen M. Byers
-
"Circuit Court Opinion Confirms Broad Scope of Federal Criminal Trade Secrets Statute,"
IP Insights
(October 1, 2013).
Contacts: Stephen M. Byers, Mark A. Klapow
-
"Second Circuit Affirms Conviction for Theft of Computer Code Under Federal Criminal Trade Secrets Statutes,"
Trade Secrets Alert
(August 8, 2013).
Contact: Stephen M. Byers
-
"DOJ Antitrust Division Announces Changes to Corporate Plea Agreement Policy,"
Antitrust Law Alert
(April 15, 2013).
Contacts: Daniel L. Zelenko, Stephen M. Byers, Megan L. Wolf
-
"Conflicting Court Decisions Highlight Difficulty of Prosecuting Foreign Corporations for Economic Espionage and Trade Secrets Theft,"
Trade Secrets Alert
(April 11, 2013).
Contact: Stephen M. Byers
-
"Congress Increases Criminal Penalties for Trade Secrets Theft,"
IP Insights
(February 11, 2013).
Contacts: Stephen M. Byers, Mark A. Klapow
-
"Congress Broadens Federal Criminal Trade Secrets Statute,"
IP Insights
(December 21, 2012).
Contacts: Stephen M. Byers, Mark A. Klapow
-
"Top Five Takeaways From the New FCPA Guide,"
Government Contracts Bullet Points
(November 21, 2012).
Contacts: Stephen M. Byers, Alan W. H. Gourley, Thomas A. Hanusik, Kelly T. Currie, Daniel L. Zelenko
-
"As U.S. Eases Burma/Myanmar Sanctions, Many Challenges Remain for U.S. Business, Including Money Laundering and Corruption Risks,"
International Trade Bulletin
(November 19, 2012).
Contacts: Thomas A. Hanusik, Philip T. Inglima, Stephen M. Byers, Alan W. H. Gourley, Jeffrey L. Snyder, Kelly T. Currie, Daniel L. Zelenko
-
"DOJ and SEC Issue Long-Awaited FCPA Guidance,"
Government Contracts Bullet Points
(November 14, 2012).
Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Kelly T. Currie, Stephen M. Byers
-
"Court Invokes FRE 502(d) to Permit Intentional Production of Privileged Materials Without Waiver,"
Electronic Discovery & Information Management Alert
(November 8, 2012).
Contact: Stephen M. Byers
-
"Spoliation in Civil Litigation Charged as Criminal Obstruction of Justice,"
Electronic Discovery & Information Management Alert
(October 23, 2012).
Contacts: Stephen M. Byers, Jeane A. Thomas, CIPP/E
-
"Eighth Circuit Approves Use of Fraud Guidelines for Antitrust Crimes,"
Antitrust Law Alert
(May 3, 2012).
Contacts: Daniel L. Zelenko, Stephen M. Byers, Daniel A. Sasse
-
"DOJ Prosecution of Chinese State-Owned Enterprise for Trade Secrets Theft Offers Lessons for U.S. Businesses,"
IP Insights
(March 14, 2012).
Contact: Stephen M. Byers
-
"Court of Appeals Rules That Grand Jury Subpoenas Trump Civil Protective Orders Covering Foreign Documents,"
White Collar Alert
(December 9, 2010).
Contacts: Stephen M. Byers, Kelly T. Currie
-
"Ninth Circuit En Banc Panel Affirms Fourth Amendment Principles But Steps Back From Required Protocol For Computer Search Warrants,"
Electronic Discovery & Information Management Alert
(September 29, 2010).
Contact: Stephen M. Byers
-
"New Amendments to Corporate Sentencing Guidelines: Important Changes in Requirements for Effective Compliance and Ethics Programs,"
White Collar Alert
(May 3, 2010).
Contacts: Daniel L. Zelenko, Stephen M. Byers, Philip T. Inglima
-
"DOJ Appoints New Prosecutors and FBI Agents to Fight IP Crime,"
White Collar Alert
(April 27, 2010).
Contacts: Stephen M. Byers, Daniel L. Zelenko
-
"Pharmaceutical and Medical Device Industries are The Top Targets for Foreign Corrupt Practices Act ("FCPA") Enforcement,"
Life Sciences Alert
(November 18, 2009).
Contacts: Keith J. Harrison, Stephen M. Byers, Alan W. H. Gourley
-
"Mitigating the Risk of Subject-Matter Waiver When Disclosing Privileged Materials to the Government,"
White Collar Alert
(October 16, 2009).
Contact: Stephen M. Byers
-
"Decision Could Limit Work Product Protection for Cooperating Companies,"
White Collar Alert
(July 13, 2009).
Contacts: Thomas A. Hanusik, Stephen M. Byers
-
"Newly Published SEC Enforcement Manual Addresses E-Discovery,"
Electronic Discovery & Information Management Alert
(October 30, 2008).
Contact: Stephen M. Byers
-
"DOJ Issues Revised Guidelines on Corporate "Cooperation" Hours After Second Circuit Finds Prior DOJ Policies Unconstitutional,"
White Collar Alert
(August 29, 2008).
Contacts: Stephen M. Byers, Philip T. Inglima
Press Coverage
Firm News & Announcements
| November 5, 2019 |
Global Investigations Review Names Crowell & Moring’s White Collar & Regulatory Enforcement Group to “GIR 100” Fifth Year in a Row |
| July 27, 2015 |
Crowell & Moring Receives Two American Lawyer 'Global Legal Awards' for Global Dispute of the Year in U.S. Litigation and Pro Bono |
| January 22, 2015 |
Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100" |
| June 5, 2014 |
Crowell & Moring Releases "Data Law Trends & Developments" Report |
| June 24, 2013 |
Crowell & Moring Recognized by National Law Journal as Washington, D.C. "General Civil Litigation" Department of the Year |
| January 29, 2013 |
Crowell & Moring Releases Report, "Litigation Forecast 2013" |
| February 16, 2012 |
Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar |
| September 15, 2011 |
Crowell & Moring Client DuPont Wins Trade Secret Case Against Kolon Industries |