Criminal Law | JD Supra Legal News, Updates, Analysis, & Information

From “Cool To Criminal”: A Warning For Internet Service Providers

by Baldwins l Intellectual Property on 5/10/2012

In the early 2000s, few would have grasped the worldwide legal ramifications for offering file sharing software and services. Following Napster, file sharing technology was new and exciting, consumers were embracing the...more

The Second Circuit Reverses Conviction of Computer Programmer and Holds that Theft of Intellectual Property Is Not Necessarily...

by Pullman & Comley, LLC on 5/1/2012

Earlier this month, the U.S. Court of Appeals for the Second Circuit seemingly stripped federal prosecutors of the use of two statutes used to combat the theft of intellectual property, critical technologies and other...more

Stealing Trademarks Can Land You in Jail

by Winthrop & Weinstine, P.A. on 4/25/2012

Trademarks and branding are worth a lot of money to a company. The Fourth Circuit recently addressed the serious issue of trademark counterfeiting. This form of trademark infringement occurs when a company manufactures...more

Is Computer Fraud and Abuse Act for Hackers Only? Ninth Circuit Says Yes, and Supreme Court May Have to Make Final Call

by Constangy, Brooks & Smith, LLP on 4/23/2012

Employers looking to hold employees liable for misappropriation of trade secrets or violations of company computer policies under the Computer Fraud and Abuse Act may have to find another avenue for relief. At least that's...more

The Ninth Circuit Weighs In on the Scope of Liability Under the CFAA

by K&L Gates LLP on 4/18/2012

On April 10, 2012, the United States Court of Appeals for the Ninth Circuit issued its decision en banc in United States of America v. David Nosal, rejecting the notion that employees who breach their employers’ computer use...more

Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy

by Proskauer - California Employment Law on 4/17/2012

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from...more

United States v. Nosal No. 10-10038 (9th Cir. April 10, 2012)

by McKenna Long & Aldridge LLP on 4/17/2012

On April 10, 2012, an en banc panel of the Ninth Circuit Court of Appeals limited the application of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, to violations of restrictions in accessing information, i.e....more

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First...

by Proskauer - New Media & Technology on 4/16/2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the...more

Noncompete News: Ninth Circuit Holds Employee Data Theft is Not Punishable Under the CFAA After All

by Ford & Harrison LLP on 4/16/2012

Executive Summary: In its much anticipated en banc decision, the Ninth Circuit refused to extend the Computer Fraud and Abuse Act ("CFAA") to employee data theft in United States v. Nosal. The Court declined to "transform the...more

En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review

by Lewis and Roca LLP on 4/16/2012

Employers and website hosts cannot, by contractually limiting how individuals may use information stored on their networks, define acceptable limits of access ‘‘authorization’’ under the Computer Fraud and Abuse Act, the U.S....more

Court of Appeals Reverses Conviction on U.S. Trade Secret Statutes

by Patton Boggs LLP on 4/16/2012

On April 11, the U.S. Court of Appeals for the Second Circuit handed a victory to a former Goldman Sachs employee convicted of stealing and transferring proprietary computer source code in violation of the National Stolen...more

En Banc 9th Circuit Decision Narrowly Construes Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

by Davis Wright Tremaine LLP on 4/13/2012

In a 9-2 reversal of an earlier appellate decision by a 3-judge panel, the U.S. Court of Appeals for the 9th Circuit issued an en banc ruling in U.S. v. Nosal, holding that the prohibition in the federal Computer Fraud and...more

Home

Legal News

Find a Lawyer

Browse Subjects

Law Feeds

Pro Services

Criminal Law – May 21, 2012

Narrowed by: Intellectual Property