Swartzbaugh, Marc L.

Michael Sussmann is a partner at Perkins Coie LLP, where he focuses on Internet-related investigations and legal compliance; privacy, network security and incident response; and electronic surveillance and communications law as they relate to law enforcement and national security. His practice also includes intellectual property- and technology-related civil litigation, and white collar defense and corporate investigations concerning such issues as the Foreign Corrupt Practices Act, financial fraud and export controls.

A large part of Michael's practice focuses on advising Internet service providers, fixed-line telephone and mobile phone carriers, and other communications service providers on all aspects of legal compliance. He has particular experience in electronic surveillance and evidence issues as they relate to interceptions and the Wiretap Act (Title III); the Pen/Trap Statutes; the Electronic Communications Privacy Act (ECPA); and the Foreign Intelligence Surveillance Act (FISA), National Security Letters and other investigative matters that involve classified information.  He also provides comprehensive counseling on issues involving computer intrusions and the Computer Fraud and Abuse Act (including prevention of and response to computer crimes), identity theft, the CAN-SPAM Act, unlawful Internet harassment and referrals to law enforcement.

For 12 years prior to joining the firm, Michael held several positions within the U.S. Department of Justice. He was a Senior Counsel in the Computer Crime &; Intellectual Property Section, where he investigated and prosecuted computer intrusions and other Internet-related crimes, copyright and trademark violations involving software piracy and other digital rights, and economic espionage. He advised the FBI, U.S. Secret Service, U.S. Attorneys' Offices and other federal (and state) agencies on all aspects of electronic surveillance, privacy and the Fourth Amendment. He chaired the U.S. Delegation to the G-8 Subgroup on High-Tech Crime (over 30 multilateral meetings), which focused on cross-border cybercrime investigations and international legal and jurisdictional issues. Michael also led DOJ cybersecurity consultations with the European Union and negotiated bilateral cooperation with the Chinese government.

Michael was a contributing author to the Computer Crime &; Intellectual Property Section's Manuals on Prosecuting Computer Crimes (1st ed. 2007), Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (2d ed. 2002) and Prosecuting Intellectual Property Crimes (2d ed. 2001).  His recent blog postings on Internet, privacy and security law can be viewed at www.digestiblelaw.com.

At the U.S. Attorney's Office for the Eastern District of Virginia, Michael prosecuted white collar and violent crimes, conducted grand jury investigations and felony jury trials and represented the United States before the District Court on motions, pleas and sentencings.

Michael also served as Special Assistant to the Assistant Attorney General for the Criminal Division, where he assisted in the supervision of 500+ Criminal Division lawyers and various matters in the 93 U.S. Attorneys' Offices. He conducted special grand jury investigations and pre-indictment review for fraud, money laundering and public corruption prosecutions, and worked on legislative proposals. In this capacity, Michael also served as the Criminal Division liaison to the intelligence community and maintained a national security portfolio that included counter-terrorism, counter-espionage, NAZI deportations and international cooperation issues.

Michael began his legal career at the New York law firm of Proskauer Rose LLP, as an associate in its litigation department. While there he served as co-counsel for federal and state trials, litigated copyright infringement cases, conducted pre-trial discovery and drafted motions as well as trial and appellate briefs.