Tyler Newby focuses his practice on a wide range of privacy, intellectual property and complex litigation matters for high technology clients. Mr. Newby is also a member of the firm’s White Collar / Regulatory group where his practice focuses on advising and representing individuals and businesses in regulatory and criminal investigations.
Tyler joins Fenwick & West from the U.S. Department of Justice in Washington, D.C. where he was a Trial Attorney in the Criminal Division’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted intellectual property and Internet-related crimes nationwide and developed initiatives for the investigation and prosecution of cross-border intellectual property investigations with the People’s Republic of China. Tyler also advised federal law enforcement on compliance with the Fourth Amendment, the Electronic Communications Privacy Act, and other statutes pertaining to electronic surveillance and the search and seizure of electronic information.
While at the Department of Justice, Tyler also served as a Special Assistant United States Attorney in the Cyber Unit of the United States Attorney’s Office for the Eastern District of Virginia in Alexandria, Virginia. As a Special Assistant, Tyler prosecuted fraud, intellectual property and computer intrusion offenses.
Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex intellectual property and fraud matters, including the first criminal jury trial concerning the use of the BitTorrent protocol to facilitate criminal copyright infringement. Tyler also has extensive experience in handling ex parte and preliminary injunction procedures in both California and federal trade secret, copyright and trademark matters.
Tyler has lectured and published extensively on intellectual property matters, the ethical and strategic considerations that arise from parallel criminal and civil proceedings, and ethical constraints on corporate victims’ interactions with federal law enforcement when assisting federal criminal investigations. In addition, Tyler helped to create the U.S. Department of Justice’s first training program for Assistant United States Attorneys and the FBI on the investigation and prosecution of criminal trade secret theft and economic espionage.
Recent Privacy and Intellectual Property Litigation Representations
- Representation of mobile device application developers in putative consumer class action privacy and unfair competition cases;
- Representation of major B2B Internet company in direct and secondary liability trademark infringement litigation;
- Representation of major video game publisher in copyright and computer fraud litigation concerning theft and distribution of pre-release version of game;
- Representation of computer device and component manufacturer in trademark infringement litigation over use of its house brand;
- Representation of mobile game publisher in trade secret litigation over hiring of software engineers.
Recent Privacy and E-Commerce Regulatory Representations
- Representation of mobile device application developers in California Attorney General, U.S. DOJ, and FTC privacy investigations;
- Advise numerous consumer-facing Internet companies on development of law enforcement compliance programs and in responding to law enforcement and regulatory agency requests for consumer data;
- Representation of companies in investigations of network security breaches;
- Representation of online travel site in DOT investigation regarding fare listings.
Recent Securities Regulatory and White Collar Representations
- Representation of Fortune 100 company in internal investigation and related SEC and DOJ investigations into allegations of bribery and kick-back allegations;
- Internal investigation on behalf of audit committee into allegations of accounting and procurement improprieties;
- Representation of former public company officer in SEC Sarbanes-Oxley investigation and related shareholder class action litigation;
- Representation of individuals in DOJ and SEC fraud and insider trading investigations and litigation;
- Representation of asset management firm in internal investigation and industry-wide SEC investigation into mutual fund market-timing.
Tyler's representative publications and speaking engagements include:
- "Parallel Proceedings in Trade Secret and Economic Espionage Cases," USA Bulletin (Nov. 2009).
- "Criminal Enforcement of Federal Intellectual Property Laws – an Overview," The Advocate, Vol. 50, No. 8/9 (2007).
- "Rethinking the Storage of Computer Evidence," USA Bulletin (Oct. 2007).
- "Using an Employer’s E-Mail: Attorney-Client Privilege Issues," ABTL Report, Northern California, Vol. 15, No. 3 (Summer 2006).
- "Section 2019(d)'s 'Reasonable Particularity' Requirement Can Leave Litigants Guessing," San Francisco Daily Journal (May 21, 2001).
- What's Fair Here Is Not Fair Everywhere: Does the American Fair Use Doctrine Violate International Copyright Law?, 51 Stan. L. Rev. 1663 (1999).