Justin Giovannettone

Justin Giovannettone

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Understanding the New DOJ Guidance: Part 1 – Tone at the Top

In February, the Department of Justice’s Fraud Section offered a new perspective on what the government expects in a compliance program in the form of a series of questions that companies should be prepared to answer about...more

3/20/2017 - Compliance Corporate Misconduct Corruption DOJ FCPA Fraud SEC Tone At The Top White Collar Crimes

SEC Reportedly Centralizing Authority to Issue Formal Investigation Orders

According to a report in the Wall Street Journal, the acting Chairman of the Securities and Exchange Commission has centralized authority to issue formal orders of investigation – a critical authority that triggers the...more

2/23/2017 - Administrative Appointments Administrative Authority Enforcement Actions Financial Markets Financial Sector Investigations Nominations SEC Securities Violations Trump Administration

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

2/16/2017 - Breach of Contract Corporate Counsel Customer Lists Employees Facebook Facebook Friends LinkedIn Non-Compete Agreements Non-Solicitation Agreements Preliminary Injunctions Social Media Social Networks Text Messages Trade Secrets Young Lawyers

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by...more

5/20/2016 - Asset Seizure Cybersecurity Defend Trade Secrets Act (DTSA) Economic Espionage Act Electronically Stored Information Federal Rules of Civil Procedure Misappropriation Private Right of Action Rule 41 Trade Secrets

Ninth Circuit Hears Oral Arguments in United States v. Nosal, Part II

On October 20, 2015, a three judge panel of the Ninth Circuit heard oral arguments in Round II of United States v. David Nosal. Both sides generally stuck with arguments from their briefs, with Nosal’s counsel arguing that...more

11/9/2015 - Computer Fraud and Abuse Act (CFAA) Economic Espionage Act Misappropriation Trade Secrets US v Nosal

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco. So we figured it may be a good time to review both sides’ arguments related to the...more

8/24/2015 - Computer Fraud and Abuse Act (CFAA) Confidential Information Databases En Banc Review Infringement Phishing Scams Trade Secrets Unauthorized Access US v Nosal

Nosal Returns to the Ninth Circuit Posing the Question: Is a Password a Sufficient “Technological Access Barrier” Under the CFAA?

Observers following the legal issues surrounding the prosecution of David Nosal will be watching closely in 2015 as the former Korn Ferry executive returns to the Ninth Circuit to appeal his 2013 conviction on three counts of...more

12/24/2014 - Appeals Computer Fraud and Abuse Act (CFAA) Passwords Theft Trade Secrets US v Nosal

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