As an Assistant US Attorney, Matthew prosecuted numerous high-profile & complex white-collar criminal cases involving securities, IP, banking, healthcare, business fraud schemes, and terrorism. Most important, he served as the head of the first-of-its-kind trial task force charged by DOJ with prosecuting Cybercrimes and Criminal Intellectual Property cases NDTX. 

After leaving DOJ, Yarbrough was immediately tapped in private practice by former Texas Attorney General John Cornyn to help create the Texas Internet Bureau, a precedent-setting agency with the mission of fighting internet fraud, privacy violations, and consumer data breaches.

Matthew has been an Adjunct Professor at SMU’s School of Law teaching Technology Litigation & Hi-Tech Crimes and Trial Advocacy. He has appeared as a legal expert on numerous TV news programs such as Nightline, 20/20, CNN, ABC News, MSNBC and Fox.

Yarbrough’s cases have been widely publicized in such national periodicals as the Wallstreet Journal, New York Times, Washington Post, USA Today, The Dallas Morning News, Business 2.0, and ZD Net, etc., as well as numerous news outlets around the world.  He has authored more than a dozen papers and law reviews, including: “Suing the Insecure in Cyberspace”; “Stanger-Torts In the Strange World of Cyberspace”; and “IP Corp 101 - Kicking in the Door: Become The Enforcer . . . Not the Victim.” 

His expertise and successful trial record have made him a trusted advisor to corporations, state & federal government, high-net worth individuals and start-ups. He has lectured and trained several multinational companies and executives on such topics concerning crisis management, corporate compliance, data privacy, cybersecurity breaches, and the defense of government enforcement actions.

REPRESENTATIVE CASES & EXPERIENCE:

Yarbrough’s expertise, experience and trials are in four primary practice areas of law: (1) Government Investigations & White Collar; (2) Intellectual Property Litigation; (3) Data Priacy & Cybersecurity; and (4) Commercial Litigation.

Significant case representations:

• Since 1996, lead investigative, trial and/or advisor on over 2,000+ privacy, cybersecurity and data breach incidents in the United States and internationally.

• Prosecuted the first data intercept and voice communications wire-tap of a coordinated hacker organization criminal ring in US history, US v. Phonemasters (NDTX).

• Acted as lead prosecutor in one of the largest ever theft of trade secrets cases brought under the Federal Economic Espionage Act, US v. Tejas (NDTX)

• Acted as lead prosecutor in Operation “Seek & Keep,” resulting in the the take down of the largest alien smuggling operation in US history, US v Shetty, aka Diaz (NDTX).

• Successfully defended a mult-interational food industry corporation indicted by the DOJ as part of an alleged corporate conspiracy to smuggle illegal aliens into the US, defeating the US Attorney’s Office at trial, US v Tyson’s Chicken (NDTX).

Data Privacy & Cybersecurity Experience

• Acted as lead prosecutor in US v. PhoneMasters, largest unauthorized access of US and International telecommunications companies and phone carriers by an organized group of hackers known as the PhoneMasters.

• Acted as lead prosecutor in US v. Gl0balHell, largest hack against US Internet Service Providers (ISPs) by an organized criminal group of hackers known as Gl0balHell.

• Established and created the Texas Internet Bureau, one of the first state-based cybersecurity and privacy agencies dedicated to stopping cybercrimes and Internet fraud at the request of US Senator John Cornyn, then Texas Attorney General.

• Acted as lead trial counsel in DHS-Excel v. TTS, involving claims under the Computer Fraud and Abuse Act (CFAA) in a civil context concerning the hacking of client’s computer system by a business competitor resulting in an award of $10 million in damages for client.

• Lead counsel representing plaintiff enterprise software company BMC against third party consultant in a hacking case involoving civil ex parte search warrant and claims concerning theft of trade secrets, Digital Millenium Copyright Act (DMCA) and trademark, BMC Software v. Crabbyhacker (WDTX).

• Acted as lead counsel in representing virtual payment industry client, involving claims under the Computer Fraud and Abuse Act (CFAA) in a civil context concerning the alleged hacking of client’s computer system and theft of IP by a business competitor.

• Advised clients on FTC, OCR, SEC and state Attorney General (including multistate taskforce) investigations and enforcement actions for alleged data security and privacy violations.

• Advised clients on managing FTC Consent Orders and CIDs in connection with data security incidents.

• Advised major health care providers and health plans on all aspects of HITECH security breaches, including OCR and state enforcement.

• Lead trial counsel for Plaintiff in False Advertising and Lanham Act case involving the theft of marketing and advertising materials leading to a multi-million dollar trial verdict for client, NDE v. RCI.

• Advised numerous major retailers, financial institutions and other companies on proactive cybersecurity readiness, including developing and conducting full-scale tabletop (Executive Mock Data Breach) exercises for C-suite executives and boards of directors.

• Advised numerous major retailers on security breaches resulting from criminal tampering of POS terminals and ATMs, including FBI and secret service involvement, forensic investigations, breach notification and PR efforts surrounding crisis management.

• Counseled numerous technology companies (both as publishers and advertisers) on data collection and sharing issues (including online behavioral advertising and Big Data initiatives), collection and use of geolocation data and EU-US Privacy Shield certification.

• Counseled major retail and consumer goods companies on privacy issues associated with the use of radio frequency identification (RFID) and data collection from mobile devices.

• Advised multiple clients on privacy, monitoring and surveillance issues under federal, state and international laws and prepared related customer and HR policies including BYOD.

• Conducted comprehensive privacy and information security policy assessments of major US gaming, retail, entertainment, hospitality and consumer goods companies, including extensive data flow mapping, implementation of multiple privacy policies, information governance, security and records management procedures.

• Developed and implemented comprehensive global records management program for one of world's largest technology outsourced consultancy firms, including preparation and implementation of data security and privacy policies and procedures, numerous records retention schedules.

  Representative Internal Corporate Investigations Against Government Entities and “White-Collar” Matters:

• Successfully defended large international Chicago firm against the TX AG’s office, TX Rangers & TxDPS criminal charges concerning the non-compliance with regulatory investigative requirements regarding large US consulting firms resulting in a dismissal of all allegations and enforcement matters. State of Texas v Navigant.

• Lead prosecutor & architect of DOJ’s international operation “Seek & Keep.”  Resulted in the take-down and conviction of the largest illegal international alien smuggling-ring in US history. The first wire-tap under the FBI-INS statutory authority by DOJ.

• “Tyson’s Chicken Case” - Successfully represented Tyson’s and defeated the US Attorney’s Office at Trial in defending corporate HR Manager indicted by the DOJ as part of a nation-wide conspiracy by the alleged Board of Director’s to smuggle and employ illegal aliens. US v. DeLeon (NDTX).

• Represented victim corporation FedEx/Kinko’s in hacking-ring by Chinese-Hackers, and coordinated with US Attorney’s Office SDNY that ultimately led to the successful criminal prosecution of hacker mastermind, US v Ju Ju Jiang (SDNY).

• Represented and defended largest retail franchise chain investigated by the DOJ as part of an alleged corporate conspiracy to employ, harbor, smuggle, and traffic in illegal aliens in the US. (EDNY).

• Represented 7-Eleven as a corporate victim that resulted in the successful prosecution by the state of Florida against against franchisees and the return of millions of stolen proceeds. State of Florida v Bailey, et. al.

Intellectual Property (IP) Matters: Trade Secret, Patent, Trademark, Copyright and DMCA Experience

• Acted as lead prosecutor in the largest theft of trade secret cases prosecuted under the Economic Espionage Act (EEA) involving the theft of intellectual property via the hacking of a major US manufacture of turbine engines and sale of embargoed oil gas machinery to Iran. US v. Tejas (NDTX).

• Represented large audio products manufacturer and executed a civil search warrant and seizure of counterfeit goods, obtained a permanent injunction and judgment of $1.25 million in trademark infringement case.  Bose Corp. v. Vertigo Online (SDNY).

• Represented large enterprise software company and obtained civil search and seizure order, and with U.S. Marshalls conducted raid to seize evidence.  Obtained consent judgment of $1 million and permanent injunction for copyright infringement action arising from the circumvention of encryption measures that controlled access to copyrighted material under the Digital Millennium Copyright Act (DMCA). BMC Software v. CrabbyHacker.com (SDTX).

• Obtained $4.7 million jury verdict for false advertising under the Langham Act and claims for misappropriation of business method in a case arising from the defendants’ palming off of plaintiff’s works in NDE Inc. v. Rainforest Creations (EDTX). 

• Obtained a favorable settlement for Alcatel by asserting two patents related to the routing of query messages by a signal transfer in a telecommunications network. Alcatel USA, Inc. v. Tekelec, Inc. (EDTX).