Stephen M. Byers

Blogs: C&M Health Law, Data Law Insights, Government Contracts Legal Forum, International Trade Law, Trade Secrets Trends

Latest Articles

Data Law Insights

Clarifications Needed After DOJ’s New FCPA Policy

By Stephen M. Byers, Derek Hahn, Dalal Hasan & Thomas Hanusik on March 27, 2019

The U.S. Department of Justice released revisions to the Foreign Corrupt Practices Act corporate enforcement policy on March 8, 2019. While intended to clarify the DOJ’s position on a number of hot-button issues, including its controversial stance on certain instant-messaging software, a closer look reveals that these changes fall short of answering several key questions faced by companies seeking cooperation credit in FCPA matters. For more information, read this Law360 article written by Crowell &…

Government Contracts Legal Forum

Let’s Talk FCA: Parallel Criminal and Civil False Claims Act Proceedings

By Rebecca Ricigliano, Stephen M. Byers, Mana Elihu Lombardo & Jason M. Crawford on September 14, 2018

In this episode, hosts Jason Crawford and Mana Lombardo talk with Rebecca Ricigliano and Steve Byers, both partners in the firm’s White Collar & Regulatory Enforcement Group, about key considerations for navigating parallel criminal and civil False Claims Act proceedings. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. Listen: Crowell.com | PodBean | SoundCloud | iTunes …

Data Law Insights

The CLOUD Act and the Future of International Access to E-Evidence

By Joanne Oleksyk & Stephen M. Byers on May 30, 2018

Attorney General Jeff Sessions and EU Justice Commissioner Věra Jourová have met twice over the last two weeks, signaling momentum towards a new EU-U.S. solution for the sharing of electronic evidence. These meetings occurred in the wake of proposed regulations on the sharing of electronic evidence in the EU, and the passage of the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act) in the United States. The CLOUD Act, passed as a rider…

International Trade Law

DOJ Creates Presumption of Corporate Declination in FCPA Cases

By Cari Stinebower, Kelly T. Currie, Alan W. H. Gourley, Stephen M. Byers, Philip B. Rosen & Jared Engelking on December 7, 2017

On November 29th, the Department of Justice unveiled a revised Foreign Corrupt Practices Act (FCPA) Enforcement policy that provides significant incentives for corporations to voluntarily self-disclose potential FCPA violations. The new policy makes permanent many aspects of a pilot program started under the Obama Administration with one significant enhancement: a presumption of a corporate declination of criminal charges if a company voluntarily self-discloses misconduct and cooperates early and fully. For more information, please see Crowell’s …

Government Contracts Legal Forum

Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act

By Amy S. Lee, Patrick S. Brown, Peter J. Eyre, David B. Robbins, Stephen M. Byers & Alan W. H. Gourley on February 7, 2017

In United States ex rel. Vavra v. Kellogg Brown & Root, Inc. (Feb. 3, 2017), the Fifth Circuit held that under Section 8706(a)(1) of the Anti-Kickback Act — permitting recovery of twice the amount of each kickback plus $11,000 for each occurrence of a prohibited conduct — corporations are liable “for the knowing violations of those employees whose authority, responsibility, or managerial role within the corporation is such that their knowledge is imputable to the…

Trade Secrets Trends

Flash Crash Fears Subvert Trade Secret Protection of Source Code

By Stephen M. Byers & Joanne Oleksyk on November 18, 2016

On November 4, 2016, the U.S. Commodity Futures Trading Commission approved a supplemental notice of proposed rulemaking concerning its access to algorithmic trading source code in a 2-1 vote. The supplemental notice amends proposed Regulation AT and outlines a new mechanism by which the CFTC can obtain the source code and related records of the automated traders it regulates as part of its routine surveillance of the market. Algorithmic source code is the foundation of…

Trade Secrets Trends

United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer

By Stephen M. Byers, Mark A. Romeo, Preetha Chakrabarti & Joanne Oleksyk on July 18, 2016

On July 5, 2016, the Ninth Circuit affirmed the conviction of David Nosal, an ex-employee of Korn/Ferry, an executive search firm, who left to start a competing firm. With Nosal’s knowledge and encouragement, two other former employees of Korn/Ferry used a current employee’s credentials to gain access to the Korn/Ferry database and take confidential information. U.S. v. Nosal, No. 14-10037, 2016 WL 3608752 at 6 (9th Cir. July 5, 2016). The prosecutors charged Nosal…

Data Law Insights

2nd Circuit: Government Cannot Force Companies to Hand Over Communications Data Stored Overseas

By Stephen M. Byers, Jeffrey L. Poston, Evan D. Wolff, Kate M. Growley, CIPP/G, CIPP/US & Justin Kingsolver on July 15, 2016

The Second Circuit today issued a much-anticipated ruling holding that U.S. firms are not required to turn over user data stored overseas, even in the face of a government warrant. This decision arose from Microsoft’s December 2014 appeal of a civil contempt ruling against the tech giant for refusing to turn over the personal data of an MSN email user, data that Microsoft stored in Ireland. This decision overturns a July 2014 decision by Judge…

Government Contracts Legal Forum

And Now the Carrots: DOJ Announces FCPA Self-Reporting Pilot Program

By Alan W. H. Gourley, Steve McBrady, Peter J. Eyre & Stephen M. Byers on April 6, 2016

On April 5, 2016, the Fraud Section of the Department of Justice’s Criminal Division launched a one-year pilot program under which companies can receive tangible credit for self-reporting violations of the Foreign Corrupt Practices Act. The rewards for self-reporting, cooperation and remediation can include avoidance of a corporate monitor, a substantial fine reduction, or declination of prosecution entirely. In a memorandum released yesterday, Fraud Section Chief Andrew Weissmann highlighted recent enhanced enforcement efforts, including the…

Trade Secrets Trends

The Growing Momentum for Federal Trade Secrets Legislation

By Mark A. Klapow, Stephen M. Byers, Mark A. Romeo, Vincent J. Galluzzo & Ali Tehrani on August 5, 2015

The momentum for federal trade secrets legislation appears to be growing with last week’s introduction of the “Defend Trade Secrets Act of 2015” in both chambers of Congress. The bill, H.R. 3326 in the House and S. 1890 in the Senate, would create a uniform federal civil action for trade secret misappropriation, which is currently litigated exclusively in state courts and subject to the States’ various laws. Such a uniform federal civil action seeks to eliminate…

Stephen M. Byers

Clarifications Needed After DOJ’s New FCPA Policy

Let’s Talk FCA: Parallel Criminal and Civil False Claims Act Proceedings

The CLOUD Act and the Future of International Access to E-Evidence

DOJ Creates Presumption of Corporate Declination in FCPA Cases

Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act

Flash Crash Fears Subvert Trade Secret Protection of Source Code

United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer

2nd Circuit: Government Cannot Force Companies to Hand Over Communications Data Stored Overseas

And Now the Carrots: DOJ Announces FCPA Self-Reporting Pilot Program

The Growing Momentum for Federal Trade Secrets Legislation

Company

Support

New to the Network