Jacob M. Heath

Partner

Silicon Valley

[email protected]

Read full biography at www.orrick.com
Whether it be a Fortune 500 company or a startup, technology companies are not immune from competitors, former employees, and relentless cybercriminals. To protect his clients’ intellectual property, their data, their customers, Jake Heath offers the most diligent and aggressive protection possible.

Undaunted by a case’s legal or technical complexity, precedent, or magnitude, Jake will not stop until his clients’ patents, copyrights, and trade secrets are protected; the cybersecurity breach is stopped; and the cybercriminals are brought to justice.

To develop those creative legal solutions, Jake draws upon his unique blend of experience. He has carried out Internet enforcement actions involving cybercrime, fraud, and deceptive activity; brand violations; intellectual property infringement; trade secrets; and cybersecurity breaches. Jake has also handled a variety of complex commercial and tech transaction litigation in federal and federal court, as well as several white collar criminal investigations. Jake also draws from his practical litigation experience and trial advocacy.

Posts by: Jacob M. Heath

Prison Time for Personal Use of Company Computers? Supreme Court Grants Cert to Decide Whether Noncompliance With a Company’s Terms of Use Constitutes a Violation of the Computer Fraud and Abuse Act

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On Monday, April 20th, the Supreme Court accepted cert in Van Burien v. United States to (hopefully) resolve a longstanding circuit split regarding the Computer Fraud and Abuse Act (or CFAA):  Does an individual exceed authorized access when he or she accesses a computer contrary to a policy or agreement limiting access (i.e., accessing a computer for a purpose beyond those permitted by the company). READ MORE →

A New Chapter in Cybersecurity? Is There a Role for Active Deterrence?

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A new chapter in cybersecurity? Is there a role for active deterrence? Butch Cassidy Wanted Dead or Alive Poster

In the 1969 film Butch Cassidy and the Sundance Kid, after Butch and Sundance rob Union Pacific Railroad (“Union Pacific”) the first time, Union Pacific employs a stronger safe.  After Butch and Sundance rob Union Pacific a second time, Union Pacific forgoes the safe and hires a posse of unrelenting gunmen, hell bent on capturing and/or killing the duo.  The posse ultimately forces Butch and Sundance to flee to Bolivia—where they resume their bank-robbing antics.  Ultimately, it takes the Bolivian army to stop them. In their case, albeit fictional, the active deterrent (the posse) was more effective at protecting Union Pacific’s money than the passive deterrent (the safe), in part, because Butch and Sundance were highly-motivated actors.

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