Computer Fraud and Abuse Act (CFAA), Trials, and Appeals

 

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Computer Fraud and Abuse Act, Trials, and Appeals

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Stay current with the latest developments in internet, intellectual property, and criminal law. Subscribe to our newsletter.

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About Us

We’re experienced trial, appellate, and business lawyers with nationally recognized Computer Fraud and Abuse Act (CFAA), white collar criminal defense, and intellectual property practices.

Tor Ekeland Law PLLC represents select clients nationally in criminal and civil litigation. For businesses and start ups we provide a variety of tailored business, intellectual property, and computer law services and solutions.

We’ve handled complex federal white collar criminal jury trials through verdict in California, Minnesota, New Jersey, New York, and Texas. Our state trial practice includes criminal and civil jury trials in California and New York. Tor is a graduate of Gerry Spence’s Trial Lawyers College in Dubois, Wyoming and combines the rigorous, client centered techniques he’s learned there with his own unique experience as a trial lawyer to thoroughly study, workshop, and present a client’s case through a jury focused strategy. Because the Firm isn’t a volume business, and is selective about the cases it takes, our client’s receive the attention their cases demand.

Our mindset is a trial mindset. Unlike many lawyers whose court room experience ends with a settlement, summary judgment, or a plea, we’re not afraid to take a case to trial. Our litigation experience spans the gamut from civil demand and Department of Justice target letters at the start of a case, through pre-trial motions, trial, and appeals. Civil and criminal.

A favorable jury verdict is just one way to win a case. That’s why we take a holistic strategic approach to all our cases. We optimize our client’s chances of a positive outcome whether that means a settlement, plea, motion practice, trial, appeal, or even post-appeal litigation.

Our federal appellate practice handles appeals in any of the federal circuit court of appeals, and the United States Supreme Court.  Our appellate experience includes briefing and oral arguments in the Federal Courts of Appeals or the Second, Third, Fifth, and Ninth Circuits.

Internationally, we work with clients that the United States government seeks to extradite from the United Kingdom, working alongside U.K. extradition lawyers we have relationships with.

When it comes to computer law, few firms have our practical experience on both the criminal and civil side of the Computer Fraud and Abuse Act, and state computer laws. And our computer law experience isn’t limited to the CFAA, as we’ve litigated major Communications Decency Act § 230 cases, federal cyberstalking cases, and issues involving the search and seizure of digital evidence under the Fourth and Fifth Amendments.

Tor was a corporate litigator at a major law firm for five years before starting the firm. He understands the complexities of modern businesses and the regulatory environment they operate in. He’s worked on SEC and DOJ investigations of Fortune 500 companies, as well as complex commercial litigation involving sophisticated financial derivatives. Our litigation practice informs the counsel we provide businesses on how to avoid needless litigation, and how to draft agreements and close deals that will protect their rights and hold up in a courtroom. We regularly counsel businesses on navigating the vagaries of state, federal, and international computer law.

Through our California subsidiary, TorMark Law, LLP, we handle our client’s trademark, copyright, and business needs.

 

Practice Areas

For the last decade we’ve defended people accused of computer crime in federal courts all over the country. Our experience with CFAA prosecutions runs the full spectrum – from the beginning of an investigation through Grand Juries, indictments, pleas, jury trials, sentencing, and appeals. On the civil side we’ve defended people sued by major corporations. Few law firms have this depth of experience.

The New York Times, the Washington Post, and the Associated Press all  recognize us as computer law experts. The national and international media routinely turn to us for our insights on computer law. Wired magazine lists three of our Computer Fraud and Abuse Act (“CFAA”) cases as among the “most controversial hacking cases of the last decade.”

The CFAA, and the state of computer law in the United States and internationally, is a mess. What is legal in one jurisdiction is a felony in another. This puts you at risk because you traverse multiple jurisdictions at the speed of light when you’re on the internet. We know the perils and pitfalls of the CFAA, and United States and International computer law, both in the criminal and civil context.

And this experience isn’t limited to reading case law and writing memos. It extends to digital forensic investigations and evidence, and presenting it to a judge and jury. We got it by dealing with the FBI’s Digital Forensics labs in federal criminal trials, the REACT computer crime task force in Silicon Valley, and private digital forensic investigators both in federal and state civil litigation.

If you’re under investigation, or being prosecuted for, computer crime and need a solution contact us. Likewise if you want to sue, or are being sued, civilly under the CFAA. And if you want to avoid getting caught up in the CFAA’s vague and ambiguous net, we provide privileged and confidential counseling to help head of trouble before it starts.

 

Our federal white collar defense practice is national. Few have our breadth of experience with United States Attorneys and FBI offices in California, Massachusetts, Minnesota, New Jersey, New York, Tennessee, Virginia, Washington D.C., and Texas. We’re firm believers in our Constitution’s guarantee of a jury trial as the cornerstone of our criminal justice system.

We’re experienced with federal criminal cases from top to bottom, including:  talking to the FBI and our clients during a raid; DOJ Target Letters (telling you you’re under investigation); Grand Juries; Extradition; Arraignment; Plea Negotiations; Discovery; Pre-Trial Motions; Motions in Limine, Jury trials; Experts; Post-Trial Motions; Sentencing; Appeals, and Post-Appeal Motions.

Trial is an art that requires constant discipline and work. It isn’t something one masters by reading treatises and pushing paper. Just like you don’t run a marathon without any training, you can’t do a trial without getting up on your feet and interactively working the case. Our approach to trial is not a desk bound approach.We constantly work our trial technique through practice workshops across the country. And we study the trial practice of the great trial lawyers.

Being investigated or indicted by the United States government is a bewildering, harrowing and risky experience. For most, it’s a new one that raises questions to which there are no easy answers. Each client’s case is unique, and there are no cookie cutter approaches when it comes to defending your case. Beware the lawyer who tells you otherwise.

Partners Mark Jaffe and Tor Ekeland have a combined twenty-plus years experience handling complex commercial, securities, employment, and intellectual property law cases. The Firm litigates civil cases across the country in both federal and state court – primarily California, New York and Texas.

We protect our client’s intellectual property. Your trademark – your good name – is crucial to your profits. Trademarks & Copyrights protect the investment in your brand, products, and services. The Firm’s Bay Area subsidiary TorMark Law, LLP provides tailored protection for your trademarks and copyrights.

We help our clients to manage, license, and enforce their rights.

Our international trademark registration and maintenance services ensure that your rights are secured everywhere you do business.

In Trademark Office proceedings we litigate trademark oppositions, and domain name disputes.

As trial lawyers, we represent plaintiffs and defendants in federal and state court in copyright and trademarks cases.

 

We’re experienced Intellectual Property litigators, and we represent clients in actions to enforce copyrights and trademarks and defend infringement claims, as well as in trademark opposition proceedings and domain name disputes.

Online services face unique copyright compliance issues. We help clients take advantage of the DMCA safe harbor for user-generated content, understand and assert their fair use rights to third-party content, and respond to cease and desist letters concerning IP infringement, domain name disputes, and rights of publicity.

Are you concerned with the increasing regulatory oversight of ICOs and virtual currencies like Bitcoin and Ethereum? Do you find the rapidly changing, different and often conflicting treatment virtual currencies receive from the IRS, SEC, CFTC and other government agencies confusing? You’re not alone.

We counsel businesses on how to navigate the ever evolving regulatory landscape of ICOs and virtual currencies. Drawing on our experience dealing with the SEC, CFTC, DOJ and the needs of 21st century businesses, we help our clients manage risk in an uncertain environment.

Tor Ekeland

Tor is a trial and appellate lawyer. He’s best known for representing hackers and white collar defendants in federal criminal court and on appeal. Tor also counsels businesses and individuals under investigation by the United States Department of Justice, and those needing counseling on U.S. and international computer laws.

Prior to starting the Firm, Tor was a complex commercial and securities litigator with the New York City office of Sidley Austin, LLP. At Sidley, he gained in depth experience defending government investigations by the DOJ under the Foreign Corrupt Businesses Act Businesses, the SEC for securities fraud, and litigation involving complex financial derivatives. Businesses often turn to Tor for counseling on virtual currencies such as BitCoin, ICO’s, and the intersection of U.S. securities and computer laws.

Tor has represented hackers and white collar defendants in federal courts in Kentucky, New York, New Jersey, Massachusetts, Minnesota, Texas, Tennessee, Virginia and California. His experience encompasses all aspects of the federal criminal process, from target letters, grand jury testimony, pre-trial proceedings, trial, and appeal. The national and international press regularly turn to him for commentary on the computer law issues of the moment. Many of his cases revolve around the notorious Computer Fraud and Abuse Act (CFAA), a civil and criminal federal statute at the heart of most computer law litigation in the United States. Other significant cases of his involve national security issues and government surveillance. He regularly deals with the Department of Justice, the FBI, the U.S. Marshalls, the U.S. Probation Office and the Bureau of Prisons across the country.

Tor is admitted in New York State, as well as the Federal District Courts for the: Eastern District of New York; Southern District of New York; Northern District of New York; Southern District of Texas; and the Eastern District of Texas. He is admitted to the Federal Appeals Courts for the: Second Circuit; Third Circuit; Fifth Circuit; and Ninth Circuit. Additionally, he has been admitted pro hac vice on various matters in the Federal District Courts for the: Eastern District of California; Eastern District of Kentucky; District of New Jersey; District of Massachusetts; District of Minnesota; Middle District of Tennessee; Northern District of Texas; and the Eastern District of Virginia.

In 2018, Tor graduated from the three week program at Gerry Spence’s Trial Lawyers College in Dubois, Wyoming, and is an active member of the college who regularly attends trial training sessions with it. In 2006 he graduated cum laude from Fordham University School of Law, where he was Senior Articles Editor of Volume 74 of the Fordham Law Review, as well as receiving the Fordham Law Award for Excellence in the Study of Constitutional law. He is an avid runner and has run the New York City, Los Angeles, and Paris Marathons, among other races.

Click here for a video of Tor arguing a case in front of the Federal Ninth Circuit Court of Appeals.

 

Mark Jaffe

Mark is a partner at Tor Ekeland Law, PLLC and Managing Partner of TorMark Law LLP. Working from our California office he focuses on the needs of start-up businesses and creative professionals nationwide, from the inception of their companies and throughout each phase of their development.

He advises clients regarding their copyrights, trademarks, right of publicity, advertising, brand protection, the Digital Millennium Copyright Act, regulatory compliance, labor law, and service contracts. Mark also litigates on behalf of his clients when the need arises.

Mark is licensed in New York and California.

Elissa Stanton

Elissa is the Firm’s Business Manager and one of the first people you will speak to as a new client. 

A Society of Human Resources – Senior Certified Professional and Certified Bookkeeper, Elissa came to the Firm after working in corporate HR, and owning an incredibly hipster, very Brooklyn business. Her hobby appears to be collecting hobbies, she got the bookkeeping certification for funsies, is currently studying Spanish, and pursuing a pilot’s license. 

For media inquiries, please email info@torekeland.com

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