Unless the judges gab to the media, which is unlikely, we’ll never know exactly what arguments persuaded the U.S. Court of Appeals for the Second Circuit to side with Microsoft Corp. in its closely watched privacy test case against the U.S. government. But some of the strategies devised by Microsoft’s legal team, led by chief legal officer Brad Smith, such as simplifying the issues and attracting broad amicus support, probably didn’t hurt.
In a come-from-behind victory for Microsoft, the Second Circuit ruled on Thursday that the U.S. government could not force the tech giant to hand over user emails stored on a company server in Ireland. The case tested the limits of data privacy and government warrants in an age of cloud computing. Microsoft was represented by Orrick, Herrington & Sutcliffe and Covington & Burling.
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