Biography
Shawn Morgan is the lawyer you want on your team in the face of a stressful, urgent, or critical situation. Shawn focuses on resolving crises for clients in the areas of cybersecurity, complex civil litigation, internal investigations, white-collar defense, and government compliance. A trial lawyer at heart, she has significant experience in the courtroom, having tried dozens of cases for clients and arguing several matters on appeal. Shawn has tried more than 30 cases to verdict in state and federal courts, including those involving white-collar crimes, drug and violent crimes, and the defense of professional malpractice and qualified immunity claims.
Prior to joining Steptoe & Johnson PLLC in 2015, she had a lengthy career in public service: 13 years as a federal prosecutor at the U.S. Attorney’s Office in the Northern District of West Virginia, preceded by four years as a judicial law clerk to the Honorable Irene M. Keeley. She is experienced in handling government and regulatory investigations and, as part of her leadership of the firm’s White Collar Defense Team, she frequently advises clients concerning Grand Jury and administrative subpoena responses. She investigated cybersecurity breaches while a prosecutor and assists clients in cybersecurity planning, responding to data security incidents, and making necessary notifications. Shawn also is a member of the Environment, Social, Governance (“ESG”) group, a group of attorneys with experience and knowledge about how ESG impacts all aspects of a business.
Beyond her work with clients, within Steptoe & Johnson, Shawn is a respected and sought-after colleague and serves on the firm’s Emergency Response Team. Shawn also enjoys the opportunity to serve her community by volunteering with the Bridgeport Chiefs 4-H Club, serving as an appointed member of the Bridgeport Police Civil Service Commission, and on the Board of Harrison County Court Appointed Special Advocates (CASA).
Representative Experience
- Prevailed in defense of qui tam claim, obtaining dismissal of civil action for treble damages, attorneys fees, and costs
- Secured defense verdict on behalf of a public employee, following 16-day jury trial regarding claims of civil conspiracy, malicious prosecution, abuse of process, intentional infliction of emotional distress, and negligence
- Served as breach counsel for higher education, health care, manufacturing, and retail clients
- Investigated data security incidents for clients, including coordination with insurers, retention of experts, interaction with governmental and regulatory authorities, preparation of post-incident reports, and advising clients regarding post-incident remediation
- Won jury verdict on behalf of chemical manufacturer against the corporate executive in breach of confidentiality/duty of loyalty and misappropriation of trade secrets case
- Negotiated favorable resolution of Medicaid Fraud Control Unit demand letters on behalf of health care clients
- Conducted external investigations for clients regarding whistleblower complaints, workplace incidents suspected to be motivated by hate or bias, financial and criminal improprieties by employees, and alleged sexual harassment of coworkers by employees, in order to ensure compliance with corporate policies and codes of business conduct and ethics
- Provided GDPR, GLBA, FERPA, and CCPA advice and compliance assistance to business, higher education, and energy clients
- Successfully defended law enforcement and correctional officers in § 1983 civil rights actions
- Obtained preliminary and permanent injunctions, default judgment, and summary judgment, ordering return of corporation’s confidential and proprietary information, including trade secrets, which were wrongfully acquired, disclosed, and retained by former corporate executive
- Represented energy industry clients in contractual disputes and in defense of environmental damages claims
- Defense at trial of a doctor accused of negligence alleged to have caused patient’s disc herniation – jury returned verdict in doctor’s favor
- Responded to emergency incidents at chemical manufacturer and natural gas well pad sites, conducted on-scene investigations, and coordinated responses to federal and state regulatory agencies, including cease and desist orders and requests for production of documents and information
- Responded to emergency incidents at underground and surface mining operations sites, conducted on-scene investigations, retained subject matter experts, and coordinated responses to federal and state regulatory agencies, including site and vehicle inspections, cease and desist orders, requests for formal and informal interviews of employees and management personnel, requests for production of documents and information, and violation citations
- Obtained preliminary injunction for health care provider to preclude former employee’s use or disclosure of patients’ protected health information
- Investigated domestic and international cybersecurity and “hacking” incidents
- Defended clients charged in federal and state courts in West Virginia and represented clients receiving Grand Jury and SEC subpoenas for witness testimony and subpoenas duces tecum for the production of documents
- Prosecuted white-collar cases involving defendants’ use of computers to facilitate commission of their crimes, as well as financial offenses, such as aggravated identity theft, mail fraud, wire fraud, bank fraud, manufacturing counterfeit U.S. currency, and money laundering
- Tried more than 25 federal felony cases involving violations of controlled substances and firearms laws, violent crimes, crimes against children, and financial offenses
- Lead trial counsel in federal prosecution of firearms case in which United States Supreme Court affirmed conviction of “prohibited person” after interpreting the scope of his underlying State convictions to qualify as “misdemeanor crimes of domestic violence”
- Lead trial counsel in federal prosecution of “bath salts” distribution ring – in addition to four convictions, the case resulted in the seizure of $750K in cash and the forfeiture of 11 pieces of real estate, 8 bank accounts, the contents of various safe deposit boxes, 3 vehicles, and heavy equipment
- Handled the prosecution of hundreds of criminal cases in United States District Court for the Northern and Southern Districts of West Virginia
- Conducted federal Grand Jury sessions in the Northern District of West Virginia and presented cases to federal grand juries throughout the Northern and Southern Districts of West Virginia
- Coordinated and attended on-site investigations and employee/contractor interviews by MSHA and state investigators following an underground accident involving employee fatality and injuries
- Advised health care entities regarding data security incidents, cybersecurity incident response, and breach remediation measures
- Represented health care entities in compliance investigations regarding state and federal health care laws and regulations, including HIPAA, the HITECH Act, and licensure (DEA and Board)
- Conducted investigations for health care entities regarding allegations of employee misconduct, including violations of state and federal criminal laws
- Represented health care entities regarding Medicaid compliance/program issues, including Medicaid Fraud Control Unit matters
- Advised health care practitioners regarding licensure Board inquiries
- Evaluated peer review and Patient Safety Act privilege issues encountered by hospital clients
Education
- J.D. West Virginia University College of Law
- B.A. West Virginia University
Memberships
- Advisory Committee, WVU Division for Land-Grant Engagement
- Visiting Committee, West Virginia University Extension Service
- Board Member, Harrison County CASA
- Board Member, The James and Derek Hotsinpiller Memorial Foundation Inc.
- Member, Bridgeport, Police Civil Service Commission
- Club Leader, Bridgeport Chiefs 4-H Club, 2003-2024
- Board Member, WVU Extension Service Development Council, 2016-2020
- Chairman, James and Derek Hotsinpiller Memorial Scholarship Fund, Inc., 2016-2021
- Board Member, Harrison County United Way, 2015-2017
- Board Member, North Central West Virginia Combined Federal Campaign, 2010-2015
- Fourth Circuit Judicial Conference
- Vice-President, NDWV Chapter, Federal Bar Association
- Fourth Circuit Criminal Justice Act (CJA) Appellate Panel Committee – Northern District of West Virginia Member, 2019-2024
- President, Harrison County Bar Association, 2017
Achievements
- The Best Lawyers in America®, Criminal Defense: White-Collar (2024-Present), Energy Law (2025), Litigation – Real Estate (2024-Present), Privacy and Data Security Law (2024-Present)
- Russel Schetroma Memorial Speaker’s Award, National Association of Division Order Analysts (2024)
- WV Executive and WVU College of Law, Lawyers & Leaders Class of 2024
- Chambers USA: America’s Leading Lawyers for Business – Litigation: General Commercial (2023-Present)
- United States Attorney’s Award Recipient as Outstanding NDWV Employee
- ATF Honor Award, National Award Recipient, 2010
Speaking Engagements
- Emergency Response Presentation: “Crisis Management in the Energy Industry” (Presentation with Monté Williams), Houston Bar Association – Energy Law Section, Houston, TX, September 28, 2023
- Panel Discussion on Criminal Justice System,” Panel Moderator, Leadership West Virginia, September 22, 2023
- Cybersecurity and Data Privacy Presentation: “How Can We Keep Out the Hackers? What If We Fail?,” National Association of Division Order Analysts (NADOA) 50th Annual Institute, Louisville, KY, September 7-8, 2023
- Cybersecurity Presentation: “Infrastructure and Site Security and Emergency Response,” Energy & Mineral Law Foundation 44th Annual Institute, Charleston, SC, June 19, 2023
- Compliance Presentation: “Fraudulent Requests for Royalty Payments: A Cautionary Tale,” National Association of Division Order Analysts (NADOA) 49th Annual Institute, San Antonio, TX, October 27-28, 2022
- Cybersecurity and Data Privacy Law Conference/Conference Co-Chair, Panelist, and Moderator: 2022 Cybersecurity and Data Privacy Law Conference, Central for American and International Law, Plano, TX, September 8-9, 2022
- Emergency Response Presentation: “Crisis Management and Emergency Preparedness Considerations for the Chemical Manufacturing Industry” (Presentation with Richard Lewis), Chemical & Specialties Management Council, Douglas, GA, February 18, 2022
- Cybersecurity and Data Privacy Law/Conference Co-Chair: 2021 Cybersecurity and Data Privacy Law Conference, Center for American and International Law, Plano, TX (Virtual), September 9-10, 2021
- Cybersecurity and Data Privacy Law/Conference Co-Chair: 2020 Cybersecurity and Data Privacy Law Conference, Center for American and International Law, Plano, TX, September 9-10, 2020
- Cybersecurity and Crisis Response Presentation: “Crisis Management: Responding to a Data Breach,” (Tabletop Exercise Facilitator), Center for American and International Law, Plano, TX, September 12, 2019
- Cybersecurity and Data Privacy Law/Conference Co-Chair and Panel Moderator: 2019 Cybersecurity and Data Privacy Law Conference, Center for American and International Law, Plano, TX, September 10-11, 2019
- Cybersecurity Presentation: “Top 5 (or 10) Things to Do After a Data Breach,” West Virginia Society of Certified Public Accountants, Lewisburg, WV, June 19, 2019
- Ethics Presentation: “Ethical Considerations for State Government Lawyers, ” Office of the West Virginia Attorney General, South Charleston, WV, June 12, 2019
- Cybersecurity Presentation: “Cyber Insurance: Are You and Your Clients Adequately Covered?” (Presentation with Kevin Connoley), WVCLE, Charleston, WV, June 3, 2019
- Cybersecurity Presentation: “Emerging Cybersecurity Trends and Considerations for Corporate Counsel” (with CIO Mark Combs and panelists from AIG and WillisTowersWatson), Association of Corporate Counsel, Louisville, KY, October 18, 2018
- Cybersecurity and Crisis Response Presentation: “Are You Prepared for a Crisis?” (Presentation and Tabletop Exercise, with Monté Williams), Southern Gas Association Conference, Tampa, FL, July 31, 2018
- Cybersecurity and Crisis Response Presentation: “Internal Controls and Compliance” (with Monté Williams), 2018 Essential Cybersecurity Law, Houston, TX, July 25, 2018
- Cybersecurity and Crisis Response Presentation: “Protecting Assets from Technology Attacks and Best Practices for Crisis Management” (with Monté Williams), Richmond, VA, April 24, 2018
- Emergency Response Presentation: “How to Manage a Crisis – Best Practices” (with Tammie Alexander), WV EXPO Conference, Charleston, WV, March 22, 2018
- Emergency Response Presentation: “How to Manage a Crisis – Best Practices” (with Monte Williams), Pennsylvania TTSTEPS Conference, Williamsport, PA, February 21, 2018
- Compliance Presentation: “Corporate Compliance: Roles, Responsibilities and Investigations” (with Fred Williams and Kristen Andrews-Wilson), West Virginia Healthcare Financial Management Association, Charleston, WV, January 11, 2018
- Compliance Presentation: “Financial Transaction Basics for Healthcare Providers” (with Fred Williams and Kristen Andrews-Wilson), West Virginia Healthcare Financial Management Association, Charleston, WV, January 11, 2018
- Cybersecurity Presentation: “Security and Cybersecurity Issues in the Shale Plays: How Will You Respond?”, 8th Law of Shale Plays Conference, Pittsburgh, PA, September 6, 2017
- Cybersecurity Presentation: “Protecting Assets Downstream of Meter,” Southern Gas Association Operating Conference, Atlanta, GA, July 18, 2017
- “Current Professional and Personal Issues in Cybersecurity,” Harrison County Bar Association, Bridgeport, WV, May 2017
- “Planning Ahead: Provisions Your Response Plan Should Have,” Cybersecurity & Data Privacy Law Conference, Plano, TX, January 2017
- “Are You Cyber Secure?” 2016 Women & Technology WV Conference, Canaan Valley, WV, October 2016
- “Individual Liability and Corporate Liability Under the Park Doctrine” – 2016 Regulatory Affairs Professionals Society (RAPS) Convergence, San Jose, CA, September 2016
- “Panel Discussion on Criminal Justice System,” Leadership West Virginia, July 2016
- “The Cybersecurity Act and Other ‘Statutes in the Weeds’” West Virginia University CLE Program, April 2016
- “Federal Discovery Obligations,” West Virginia State Police, 2014
- “Update on Federal Criminal Law,” West Virginia Narcotics Officers Association, 2012
- “Firearms Trafficking in Drug Cases,” National Project Safe Neighborhoods Conference, 2010
- “Impact of United States v. Hayes,” National NICS Users Conference, 2009
- “Effective Use of Courtroom Technology in Trials,” West Virginia University CLE Program, 2008
Publications
- “Ransomware: Fulfilling New Federal Compliance Obligations and Assessing Preparedness to Thwart or Respond to Attacks” Energy Law Advisor, August 2021
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