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. Mr. Byers has represented clients in matters involving antitrust conspiracies, trade secrets theft, foreign bribery, procurement fraud, export control violations, and other areas. He has extensive experience with 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 misapropriation 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). A 1987 cum laude graduate of Wake Forest University, 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. Publications · "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. · "'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. · "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. · "Corporate Internal Investigations: Some Basic Considerations," Directors & Boards Boardroom Briefing (Summer 2005). Co-Authors: Wilma A. Lewis and Stephen M. Byers. · "An Emergency Guide to Federal Search Warrants," Crowell & Moring Business Crimes Update, Issue 15 (August 2004). · "New Federal Law Targets Corporate Misconduct," Crowell & Moring Business Crimes Update, Issue 14 (August 2002). Alerts & Newsletters · "Court of Appeals Rules That Grand Jury Subpoenas Trump Civil Protective Orders Covering Foreign Documents," White Collar Alert (Dec.09.2010). Contacts: Stephen M. Byers, Michael L. Cypers, Janet Levine, 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 (Sep.29.2010). Contacts: Justin P. Murphy, Stephen M. Byers. · "New Amendments to Corporate Sentencing Guidelines: Important Changes in Requirements for Effective Compliance and Ethics Programs," White Collar Alert (May.03.2010). Contacts: Daniel L. Zelenko, Shamiso Maswoswe, Stephen M. Byers, Philip T. Inglima, Janet Levine, John S. Crouchley. · "DOJ Appoints New Prosecutors and FBI Agents to Fight IP Crime," White Collar Alert (Apr.27.2010). Contacts: Stephen M. Byers, Michael J. Songer, Douglas W. Sullivan, Janet Levine, Melanie Natasha Henry, Daniel L. Zelenko. · "Pharmaceutical and Medical Device Industries are The Top Targets for Foreign Corrupt Practices Act ("FCPA") Enforcement," Life Sciences Alert (Nov.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 (Oct.16.2009). Contacts: Stephen M. Byers, Ann Mason Rigby. · "Decision Could Limit Work Product Protection for Cooperating Companies," White Collar Alert (Jul.13.2009). Contacts: Thomas A. Hanusik, Stephen M. Byers, Ann Mason Rigby. · "Newly Published SEC Enforcement Manual Addresses E-Discovery," Electronic Discovery & Information Management Alert (Oct.30.2008). Contacts: Stephen M. Byers, Justin P. Murphy. · "DOJ Issues Revised Guidelines on Corporate "Cooperation" Hours After Second Circuit Finds Prior DOJ Policies Unconstitutional," White Collar Alert (Aug.29.2008). Contacts: Stephen M. Byers, Philip T. Inglima, Ann Mason Rigby. Speaking Engagements · "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. · E-Discovery Seminar for Federal Judges 2010 (September 27-29, 2010). Faculty: Jeane A. Thomas and Stephen 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. |