66th Annual Moot Court Showcase Argument
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| Front Row: Michael Mikulic, Matthew Enzweiler, Thomas McAndrew Back Row: Susan Esquivel, Chris DeLillo, Christina Jones |
Gerrard Leomund
Petitioners
v.
United States of America
Respondents
SYNOPSIS
Petitioner, Gerrard Leomund, worked for the Centers for Disease Control (“CDC”) studying infectious diseases. As part of his duties, he logged into the CDC-Secure Database. In order to gain access to the database, he had to assent to the Terms of Use restrictions.
In 2013, the CDC began documenting the spread of a new disease —
Phyresis. Recognizing the danger, Leomund demanded the CDC release information of the disease to the public. Leomund’s supervisor, Dana Gant, refused his request. After he demanded the information’s release again, she transferred him to another division. Leomund retained his
credentials to the database. After the transfer, confidential Phyresis data was released to the public via a website.
Gant contacted FBI officials, who investigated Leomund by first setting up a pole camera outside his home for five days. Then they deployed license plate scanners to scan the location of Leomund’s license plate. The
scanners generated 12 hits over 10 days. Lastly, the FBI flew a drone equipped with a camera that could zoom into Leomund’s property. It showed Leomund and a CDC colleague huddled over a CDC document. The two were arrested, and Leomund confessed to his wrongdoing.
The United States charged Leomund with violating the Computer Fraud and Abuse Act (“CFAA”) for allegedly illegally accessing the database.
Leomund filed a motion to dismiss the charge arguing that his interaction with the database did not constitute access without authorization or
exceeding authorized access. Leomund also filed a motion to suppress all evidence obtained, arguing the FBI engaged in an unlawful search without a warrant in violation of the Fourth Amendment.
The Supreme Court granted certiorari on three issues:
1. Does the term “without authorization” in the CFAA contemplate unauthorized access, or unauthorized use?
2. Can the term “exceeds authorized access” in the CFAA determine an employee has exceeded his or her authorized access by a resort to agency principles?
3. Can potentially reasonable searches under the Fourth Amendment be rendered unreasonable when considered in the aggregate?
THE COURT
The Honorable Matthew G. Durrant
Chief Justice, Utah Supreme Court
The Honorable Alice M. Batchelder
U.S. Court of Appeals Judge – Ohio
The Honorable Maureen Kelly
Chief Magistrate Judge – Pennsylvania
THE ADVOCATES
For Petitioners
Petitioners’ Brief
Christina Jones
San Jose, Calif.
Thomas McAndrew
Lake Zurich, Ill.
Susan Esquivel
Mokena, Ill.
For Respondents
Respondents’ Brief
Matthew Enzweiler
Raleigh, N.C.
Chris DeLillo
Raleigh, N.C.
Michael Mikulic
Jacksonville, Fla.
Bailiff
Nicholas Schilling
MOOT COURT APPELLATE ADVISOR
Professor Christine Venter
BIOGRAPHIES
Chief Justice Matthew B. Durrant
Chief Justice Matthew B. Durrant was appointed to the Utah Supreme Court in January 2000 by Governor Michael O. Leavitt and became the Chief Justice in 2012. At the time of his
appointment to the Supreme Court, he was serving as a trial judge in Utah’s Third Judicial
District. While on the Supreme Court, Justice Durrant was the founding chair of the Supreme Court’s Professionalism Committee and has chaired the Judicial Council’s Technology
Committee. In addition, Justice Durrant chaired the Supreme Court Committee charged with the revision of the Code of Judicial Conduct.
Justice Durrant received his undergraduate degree from Brigham Young University in 1981 and a law degree from Harvard Law School in 1984. After a clerking with Judge Monroe G. McKay of the U.S. Court of Appeals for the Tenth Circuit, Justice Durrant joined the Salt Lake law firm now known as Parr, Waddoups, Brown, Gee, & Loveless, where he was a shareholder at the time of his appointment to the court in 1997. Justice Durrant has also served as an adjunct professor at Brigham Young University’s J. Reuben Clark Law School.
Honorable Alice M. Batchelder
Judge Alice M. Batchelder received her B.A. from Ohio Wesleyan University in 1964 and her J.D. from Akron University School of Law in 1971, where she was Editor in Chief of the Akron Law Review. She engaged in private practice in Ohio for twelve years prior to her service as a U.S. bankruptcy judge and eventually as U.S. District court judge appointed by President Ronald
Reagan. In 1991 she was appointed by President Bush to the 6 th Circuit. She came into the
spotlight in 2005 when her name was mentioned as a potential replacement for U.S. Supreme Court Justice Sandra Day O’Connor.
Judge Batchelder has served on several committees, most recently on the Judicial Conference of
the United States Committee on Automation and Technology. She has been praised by attorneys who appear in her court for her excellent legal ability and asking informed and detailed questions. She is also recognized for writing excellent opinions that are well supported.
Honorable Maureen Kelly
Judge Kelly was appointed in June 2011 to serve as United States Magistrate Judge for the United States District Court for the Western District of Pennsylvania. She earned her B.A. from the University of Notre Dame in 1983 and her J.D. from Duquesne University School of Law in 1987. Prior to her appointment to the bench, she was a shareholder of Babst, Calland, Clements and Zomnir, P.C. where she chaired the firm’s Employment and Labor Services Group and served on the Firm Operating Committee. Prior to joining Babst Calland, she was a partner at Thorp Reed & Armstrong where she focused her practice in the area of employment litigation. Judge Kelly also handled the defense of product liability and toxic tort claims, as well as commercial litigation.
Judge Kelly was previously inducted into the American College of Trial Lawyers, The Litigation Counsel of America and the Academy of Trial Lawyers of Allegheny County. She is also a fellow in the Academy of Trial Advocacy. She was consistently listed in The Best Lawyers in America. Additionally, she is dedicated to providing legal aid to those in need, serving as President of Neighborhood Legal Services Association and as a member of the board of directors of
Pennsylvania Legal Services.
Reception to follow