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Julia L. Koechley is an Associate in Vedder Price’s Chicago office and a member of the firm’s Litigation group.

Ms. Koechley’s practice focuses on commercial litigation, data privacy, class action, and corporate and professional liability matters in state and federal courts. As a seasoned litigator, she has experience representing clients in all stages of litigation up to trial, including discovery, motion practice and settlement negotiations.

Bell and gavel

One of the best ways for companies facing media and privacy risk to protect themselves from expensive class action litigation is by including an arbitration provision in the applicable terms and conditions. While it’s not always clear at the outset of litigation whether the plaintiff agreed to the terms, companies often have to invoke arbitration quickly out of fear that they will be found to have waived arbitration. But in its coming term, the U.S. Supreme Court is now poised to address the critical point of whether prejudice to the plaintiff is a necessary element for a finding of waiver.
Continue Reading Supreme Court to address role of “prejudice” in evaluating waiver of arbitrability

The U.S. Supreme Court dealt a blow last week to litigants—both criminal and civil—who have attempted to use the “exceeds authorized access” provision of the Computer Fraud and Abuse Act (“CFAA” or “Act”), 18 U.S.C. § 1030, to hold former employees, competitors and others accountable for inappropriately utilizing electronic information.  In its 6-3 decision in Van Buren v. United States, the Court resolved a long-standing split on the scope of Section 1030(a)(2), providing a narrow answer to the question of whether an individual “exceeds authorized access” to electronic information in violation of the CFAA if he or she is authorized to access the information but does so for an improper purpose.  The holding will make it more difficult for prosecutors and civil litigants to wield the CFAA in some scenarios where data is misused, but not necessarily stolen.
Continue Reading Supreme Court Slashes CFAA Claims Involving Authorized Access for an Illicit Purpose