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 covered whether LinkedIn contacts can qualify as trade secrets (answer: maybe). Another such issue, recently addressed in a district court in Idaho, is whether and to what extent a nonsolicitation agreement can restrict a former employee’s Facebook interactions with the former employer’s customers. READ MORE
Whether in litigation, consultation or investigations, Justin leverages deep understanding of his clients’ unique goals and challenges to achieve tailored results.
Justin has represented individuals, corporations and public entities in connection with DOJ and SEC investigations, and investigations by district attorneys offices. He has also managed corporate internal investigations relating to accounting fraud, harassment, securities laws and the Foreign Corrupt Practices Act.
Prior to attending law school, Justin served on active duty for nine years in the United States Air Force. He is currently a lieutenant colonel in the Air Force Reserve.
Justin’s notable engagements include the following:
- Served on the Monitor Team for an FCPA Monitorship of a banking technology company.
- Represented a public entity under investigation by the SEC for alleged accounting improprieties.
- Managed numerous internal investigations on behalf of a Fortune 50 company involving allegations of accounting fraud, kickbacks, inventory manipulation and violations of the FCPA.
- Represented a Fortune 50 health care company under investigation by the United States Department of Justice.
- Advised a high-tech company on the potential impacts of the Foreign Intelligence Surveillance Act and Electronic Communications Privacy Act on a new cloud computing product line.
- Represented an individual summoned for questioning by the Federal Bureau of Investigation related to an investigation into alleged illegal campaign contributions.
Posts by: Justin Giovannettone
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 President Obama on May 11th. The DTSA gives companies new tools for combatting alleged trade secret theft, including a direct path to federal court via the addition of a private right of action to the Economic Espionage Act (EEA) and the ability to apply for ex parte seizure orders to prevent propagation or dissemination of stolen trade secrets. READ MORE
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 upholding Nosal’s conviction under the Computer Fraud and Abuse Act (the “CFAA”) would lead to criminalization of relatively minor misappropriations of information, and the government arguing that the precedent would only apply in the employment context. READ MORE
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 Computer Fraud and Abuse Act. After doing so, it seems to us that one topic not given any consideration in the briefs, but that may play a role during oral argument is the phenomenon known as phishing schemes, and how such schemes might be compared and contrasted with the scheme alleged in this case. READ MORE
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 violating the Computer Fraud and Abuse Act. READ MORE