White Collar Representation

Since the 1980’s, Nolan, Armstrong & Barton has helped many Silicon Valley employees and companies defend themselves against criminal charges involving trade secret theft (Penal Code section 499c), computer crimes (Penal Code section 502; 18 U.S.C. § 1030), securities violations (15 U.S.C. §§ 78j(b), 78ff; 17 CFR 240.10b-5) import and export violations, false statements charges (18 U.S.C. § 1001), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), money laundering (18 U.S.C. §§ 1956, 1957), tax violations (26 U.S.C. §§ 7201, 7202, 7203, 7206, 7207) and other white collar criminal prosecutions in state and federal courts.

Our firm has handled numerous criminal investigations and jury trials involving the alleged theft of trade secrets from high tech companies. Trade secret prosecutions frequently involve an employee leaving one company to work for a competitor or a start-up company in the same sector. Those in charge of large companies discourage this type of movement, as employees have tremendous value independent of the physical documents and software codes they might possess. Sometimes, the former employer turns to criminal authorities to intimidate and punish departing employees who possess valuable technical knowledge.

Nolan, Armstrong & Barton has a long history of successfully defending individuals in federal white collar prosecutions. 

  • Attorneys at the firm represented an engineer in the first economic espionage case ever tried to a jury in federal court.  The firm secured not-guilty verdicts on charges of economic espionage and trade secret theft, the jury hung heavily in favor of acquittal on the two remaining espionage counts, while hanging on the one additional charge of trade secret theft. 
  • The firm recently won a not-guilty verdict after a lengthy court trial in the Central District of California in a case in which our client, an engineer, was accused by the government of nine counts of theft of trade secrets from one of the largest semiconductor companies in the world. 
  • Firm attorneys also won an acquittal in federal court on behalf of an individual accused of export violations. The client's conviction for making false statements was later overturned on appeal for insufficiency of evidence. 
  • In another case in the Northern District of California, the firm won a favorable result at jury trial on behalf of an employee of a leading technology company, and also successfully represented the individual in a related SEC matter.

Nolan, Armstrong & Barton has also won numerous victories in state court in white collar cases. 

  • In one case, after five years of litigation and nearly five months of jury trial, our client, the founder of a successful public company, was found not guilty on all charges relating to alleged theft of trade secrets from a large Silicon Valley company. 
  • The firm was also successful in representing an engineer in court, at trial and on his subsequent appeal for theft of trade secrets, where the erroneous conviction for theft of trade secrets was set aside on appeal for the insufficiency of evidence. 
  • In a case in Santa Cruz County, the firm won a motion to recuse the district attorney's office in a major theft of trade secrets case, which resulted in dismissal of all charges and a published opinion by the California Supreme Court upholding the result. 
  • In Santa Clara County, firm attorneys won an acquittal at jury trial on behalf of a CEO of a Silicon Valley software company who was charged with perjury in connection with statements he made during civil discovery. 
  • Nolan, Armstrong & Barton also successfully represented at trial a software engineer from one of the world's largest technology companies who was accused of trade secret theft.  The firm also has a successful history in a securities fraud case in state court, including winning acquittals at jury trial in Santa Clara County.

We know that in complex white collar, trade secret theft, and other business prosecutions, a successful defense requires a team approach. The three name partners have combined experience of over 90 years of criminal defense practice. With seven attorneys specializing in criminal defense, Nolan, Armstrong & Barton has the manpower and trial experience to handle even the most complex, technical, and document-intensive business crimes prosecution. We work in cooperation with forensic accountants, software engineers, investigators, and other professionals to obtain the broad range of expertise needed to present the most persuasive defense.