John K. Roche
- Washington, D.C.
A skilled commercial litigator, John represents clients in privacy, security, internet, and communications law matters.
John Roche tries cases, briefs, and argues appeals in state and federal courts; handles matters before various arbitration authorities; and counsels clients on regulatory compliance regarding privacy, internet, and communications issues. He helps manage and oversee one of the largest subpoena, court order, and search warrant compliance programs in the country for communications providers that are subject to the federal Stored Communications Act, Wiretap Act, Pen-Trap Statute, Telecommunications Act, and Communications Assistance for Law Enforcement Act. He is experienced in matters related to customer proprietary network information, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, the Communications Decency Act, and the First and Fourth Amendments.
John has represented clients before the Federal Communications Commission, the Federal Trade Commission, and numerous state commissions in privacy-related investigations and telecommunications matters. He also provides guidance to clients in the uncrewed aerial systems (UAS) industry on privacy issues, including the development of privacy policies. His work representing a major UAS client resulted in the adoption of voluntary privacy best practices regarding commercial and private UAS use in the national airspace.
Committed to maintaining an active pro bono practice, John litigates matters to assist survivors of domestic violence and is a recipient of the firm's prestigious Pro Bono Leadership Award.
Cases in which John has been involved include:
- In re Subpoena to: Reddit, Inc., 24-mc-80005, 2024 WL 477519 (N.D. Cal. Feb. 7, 2024) (declining to enforce subpoena as violative of the First Amendment).
- Facebook, Inc. v. State, 254 N.J. 329 (2023) (affirming orders quashing warrants for 30 days of prospective communications as violative of the Wiretap Act and Fourth Amendment).
- United States v. Glenn, 341 F.R.D. 217 (N.D. Ohio 2022) (vacating orders for contents of deceased victim's social media communications as violative of Crime Victims' Rights Act (CVRA) and Stored Communications Act (SCA)).
- Davison v. Twitter, Inc., 370 F. Supp. 3d 621 (E.D. Va. 2019) (dismissing First Amendment claims against service provider due to lack of standing or state action), affirmed by 774 Fed. Appx. 162 (4th Cir. 2019).
- Facebook, Inc. v. Wint, 199 A.3d 625 (D.C. 2019) (criminal defendant cannot obtain communications content from a service provider under the Stored Communications Act SCA)).
- Kline v. Facebook, Inc., No. 150022/2018, 2019 WL 185767 (N.Y. Co. Sup. Jan. 10, 2019) (service provider not subject to personal jurisdiction in New York).
- Ciabattoni v. Teamsters Local 326, No.: N15C-04-059 VLM, 2018 WL 2418388 (Del. Super. May 29, 2018) (First Amendment prevented effort to unmask anonymous internet user).
- In re Grand Jury Subpoena Issued to Twitter, Inc., No. 3:17-mc-40-M-BN, 2017 WL 9485553 (N.D. Texas, Nov. 7, 2017), adopted by 2018 WL 2421867 (N.D. Tex., May 3, 2018) (partially quashing grand jury subpoena issued to service provider on First Amendment grounds).
- In re Grand Jury Subpoena Issued to Twitter, Inc., No. 3:17-mc-40-M-BN, 2017 WL 9287146 (N.D. Texas, Sept. 22, 2017), adopted by 2017 WL 9287147 (N.D. Tex., Oct. 19, 2017) (vacating gag order issued to service provider on statutory and First Amendment grounds).
- In re Facebook, Inc. v. United States of America, Nos. 17-SS-388, 17-SS-389, 17-SS-390 (D.C. Court of Appeals, 2017) (successful appeal of order denying motion to vacate gag order related to search warrants in investigation of inauguration day riots in District of Columbia).
- Bennett v. Google Inc., No. 1:16-cv-02283 (TFH), 2017 WL 2692607 (D.D.C. June 21, 2017) (granting motion to dismiss defamation claim under the Communications Decency Act (CDA)), affirmed by 882 F.3d 1163 (D.C. Cir. 2018).
- Beyond Systems, Inc. v. Kraft Foods, Inc., 972 F. Supp. 2d 748 (D. Md. 2013) (after two-week advisory jury trial, granting client's motion for summary judgment defeating plaintiff's $600 million "spam" email claims), affirmed by 777 F.3d 712 (4th Cir. 2015).
- CTIA - Wireless Ass'n v. Telecommunications Regulatory Bd. of Puerto Rico, 2012 WL 3151377 (D. Puerto Rico 2012) (denying opponent's motion to dismiss and subsequently granting client's request for permanent injunction of state law under the Stored Communications Act (SCA)), affirmed by 752 F.3d 60 (1st Cir. 2014).
- People v. Harris, 949 N.Y.S.2d 590 (N.Y. City Crim. Ct., 2012) (case of first impression granting in part and denying in part communications provider's motion to quash subpoena for user records).
- CRGT, Inc. v. Northrop Grumman Systems Corp., 2012 WL 3776369 (E.D. Va. 2012) (case of first impression upholding defense contractor's reliance on Federal Officer Removal Statute)
- Dodge v. CDW-Government, Inc., 415 Fed. Appx. 485 (4th 2011) (victory in breach of contract/employment action).
- Qwest Corp. v. Colorado Public Utilities Com'n,656 F.3d 1093 (10th Cir. 2011) (victory in action under the Telecommunications Act).
- Qwest Corp. v. Arizona Corp. Com'n,567 F.3d 1109 (9th 2009) (victory in action under the Telecommunications Act).
- Jayne v. Sprint PCS, 2009 WL 426117 (E.D. Cal. 2009) (granting client's motion to dismiss § 1983 claims under the Stored Communications Act (SCA)).
Privacy, Security, Internet, and Communications Law
John's practice includes litigation and regulatory compliance counseling with regard to privacy, internet, and communications issues. He helps manage and oversee perhaps the largest subpoena, court order, and search warrant compliance program in the country for numerous communications providers (e.g., phone companies, email services, wireless providers, social networks, etc.) regarding issues related to the federal Stored Communications Act (SCA), Wiretap Act, Pen-Trap Statute, Telecommunications Act, and Communications Assistance for Law Enforcement Act (CALEA).
John is highly experienced in a host of other areas ranging from Customer Proprietary Network Information (CPNI) to the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Communications Decency Act (CDA), and telemarketing laws.
John also assists clients in their response to computer intrusions and theft of trade secrets, including actions related to the Computer Fraud and Abuse Act (CFAA) and state computer intrusion laws. He has represented clients before the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), and numerous state commissions in privacy-related investigations and telecommunications matters.
Uncrewed Aerial Systems (UAS)
John has counseled UAS clients on privacy issues, including the development of UAS privacy policies. He has represented a major UAS client in a successful multi-stakeholder proceeding before the National Telecommunications and Information Administration (NTIA) that resulted in the adoption of voluntary privacy best practices regarding commercial and private UAS use in national airspace.
Employment Law
John has counseled clients and litigated on their behalf regarding employment-related matters, including wage claims, restrictive covenant and trade secret litigation, security policies, and employee privacy issues. These matters include briefing and arguing a successful appeal before the U.S. Court of Appeals for the Fourth Circuit related to a wage dispute for a major client in Virginia.
Pro Bono
John maintains a significant pro bono practice, litigating matters to assist survivors of domestic violence. He has been a recipient of the firm's prestigious Pro Bono Leadership Award for his work on behalf of domestic violence survivors in Virginia state court.
Areas of focus
Education & Credentials
Education
- William & Mary Law School, J.D., Notes Editor, William & Mary Bill of Rights Journal, 2004
- Georgetown University, B.A.S., Government, 1999
Bar and Court Admissions
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District of Columbia
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Virginia
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Maryland
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the District of Maryland
- U.S. Bankruptcy Court for the District of Columbia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- U.S. Bankruptcy Court for the District of Maryland
- U.S. District Court for the Western District of Virginia
Additional Languages
- Spanish
Professional Recognition
Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024
Listed in Washington D.C. Super Lawyers, 2013-2014
Impact
Professional Leadership
- International Association of Privacy Professionals
- American Bar Association
- Virginia Bar Association
- District of Columbia Bar Association
Community Involvement
- Virginia Committee for Employer Support of the Guard & Reserve, Ombudsman, 2007-2016
- Legal Services of Northern Virginia, Domestic Violence Project, Volunteer Trial Counsel
- Legal Aid Society of the District of Columbia, Volunteer Trial Counsel
- Just Neighbors Immigrant Ministry, Volunteer Attorney
- William & Mary School of Law, Co-Counsel Mentoring Program
- Blessed Sacrament School, Annual Fund Committee
Insights
News
Professional Experience
Communications
American Council on Education v. F.C.C.
U.S. Court of Appeals for the District of Columbia Circuit
Appeal of F.C.C. order regarding CALEA and broadband access and services.
AT&T Corporation v. BellSouth Long Distance Inc. & Qwest Communications Corporation
U.S. District Court for the Southern District of New York
Defense of action for tortious interference with contract and unjust enrichment.
Pacific Bell Telephone Company v. California Public Utilities Commission, et al.
U.S. District Court for the Northern District of California
Defense of action related to an appeal from a state commission rate-setting order.
Qwest Communications Corporation v. City of New York
U.S. District Court for the Eastern District of New York
Challenge to municipal telecommunications franchise agreement, under section 253 of the Telecommunications Act of 1996 and the Civil Rights Act.
Qwest Corporation v. Arizona Corporation Commission, et al.
U.S. District Court for the District of Arizona
Prosecution of claims under sections 251 & 271 of the Telecommunications Act of 1996.
Qwest Corporation v. Public Service Commission of Utah
U.S. Court of Appeals for the Tenth Circuit
Appeal under the Telecommunications Act of 1996 regarding the jurisdiction of state administrative agencies to review commercial agreements between telecommunications carriers.
Qwest Corporation v. Public Utilities Commission of Colorado
U.S. Court of Appeals for the Tenth Circuit
Appeal under the Telecommunications Act of 1996 regarding the jurisdiction of state administrative agencies to review commercial agreements between telecommunications carriers.
Intellectual Property Litigation
Captaris Inc. v. Captara Corporation, et al.
U.S. District Court for the Eastern District of Virginia
Prosecution of action for trademark infringement.
Big Fish Games Inc. v. iWin Inc.
U.S. District Court for the Western District of Washington
Obtained preliminary and permanent injunctive relief for client Big Fish Games, in a case alleging violations of the Computer Fraud and Abuse Act, RICO, Uniform Trade Secrets Act, Unfair Business Practices Act, and other statutes, based upon a competitor’s unauthorized access to Big Fish Games’ proprietary and trade secret information. The case was favorably resolved, after substantial discovery, through a confidential settlement.
SmarTire Systems Inc. v. Siemens VDO
U.S. District Court for the Eastern District of Virginia
Action for patent infringement.
Bulletin News Network Inc. v. Briefings Inc., et al.
Circuit Court of Virginia, Fairfax County
Representation of Bulletin News Network in successful action against an electronic publisher and three of its officers and employees for violation of non-compete agreement and theft of trade secrets. Case settled after three-day evidentiary hearing.
Microsoft Corporation v. Affordable Computer Solutions, LLC
U.S. District Court for the District of Maryland
Prosecution of action for trademark and copyright infringement.
Microsoft Corporation v. Online Discount Service
U.S. District Court for the Eastern District of Virginia
Prosecution of action for trademark and copyright infringement.
Litigation
In the Matter of the Search of Information Associated with [Redacted]@gmail.com That Is Stored at Premises Controlled by Google, Inc., No. 17-mj-757 (GMH)
U.S. District Court for the District of Columbia
Represent Google in ongoing litigation regarding whether a search warrant issued pursuant to the Stored Communications Act, 18 U.S.C. §§ 2701-2710, can be used to compel a communications service provider to seize customer communications stored outside the United States and disclose them to the government.
Beyond Systems Inc. v. Kraft Foods Inc., et al.
U.S. District Court for the District of Maryland
Defense of action for alleged violations of Maryland and California anti-spam laws.
Hollander v. Watson
U.S. District Court for the District of Columbia
Prosecution of action for breach of contract.
Boggess v. Valley Bronze of Oregon Inc.
Circuit Court of Virginia, Loudoun County
Defense of action for breach of contract.
Brazeal v. SMI Int'l, LLC, et al.
U.S. District Court for the Eastern District of Virginia
Defense of Title VII discrimination claim against employer.
Bros. Signal Company v. Honeywell International Inc., et al.
Circuit Court of Virginia, Loudoun County
Defense of action for breach of contract, unjust enrichment, fraud and negligence.
Greenway Apartments, LP v. Tate-Smith
Superior Court of the District of Columbia
Pro bono defense of landlord-tenant action.
Gross v. Daedalus Books Inc.
Superior Court of the District of Columbia
Prosecution of action for breach of contract.
Segovia Inc. v. Sysorex Federal Inc., et al.
Circuit Court of Virginia, Fairfax County
Defense of action between government contractors for breach of contract and fraud.
CTIA - Wireless Ass'n v. Telecommunications Regulatory Bd. of Puerto Rico
Denying opponent’s motion to dismiss and subsequently granting client’s request for permanent injunction of state law under the Stored Communications Act.
Jayne v. Sprint PCS
Granting client’s motion to dismiss § 1983 claims under the Stored Communications Act.
Dodge v. CDW-Government, Inc.
Victory in breach of contract/employment action.
People v. Harris
A case of first impression granting in part and denying in part communications provider’s motion to quash subpoena for user records.
CRGT, Inc. v. Northrop Grumman Systems Corp.
A case of first impression upholding defense contractor’s reliance on Federal Officer Removal Statute.