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SEC Charges Former Pharmaceutical Executive and Close Friend With Insider Trading

The Securities and Exchange Commission recently charged a former pharmaceutical company executive and his longtime friend with insider trading, alleging that the friend generated more than $1 million in illicit profits by...more

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern...more

Jury Verdict Against Millennium Provides Insight on Definition of Remuneration

Ameritox won the latest volley of an ongoing legal battle with Millennium when a federal jury in Florida awarded it $14.75 million on June 16, 2014. Ameritox persuaded the jury that Millennium’s free point of care test (POCT)...more

Sanctions Are Appropriate for Factual Misrepresentation and Abuse of Judicial Process

Monsanto Co. v. E.I. Du Pont de Nemours & Co. - Addressing the issue of sanctions following a finding that a litigant abused the judicial process and acted in bad faith, the U.S. Court of Appeals for the Federal...more

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more

Exceptional Case Finding Results in $12 Million Fee Award

Gabriel Techs. Corp. v. Qualcomm Inc. - In a non-precedential decision addressing a finding of exceptional case under 35 U.S.C. § 285, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s award...more

SEC Files Another Settled Insider Trading Case

Insider trading continues to be a key priority in the new get tough enforcement era. Last week closed with the filing of an insider trading action centered on the BP oil spill in the Gulf of Mexico. This week begins with...more

Plaintiff’s Attorney’s Fees in Shareholder Suits Subject to Heightened Scrutiny (In re Theragenics Case)

It’s virtually inevitable: Within hours (or less) of a press release announcing a merger or acquisition involving a public company, a group of shareholders will file a class action lawsuit against the public company target’s...more

Delaware Supreme Court: Bad-Faith Attempt to Renegotiate Term Sheet May Create Liability for “Benefit-of-the-Bargain” Damages

A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for...more

Campmor, Inc. v. Brulant, LLC

Opinion and Rulings on Motions in Limine

An unusually detailed and thoughtful ruling on motions in limine in this case. Replaces an earlier upload that consisted only of the one-page order by which these rulings were finalized....more

Another Court Interprets the CFAA Narrowly

A Southern District of New York judge has joined the growing trend of federal courts that interpret the Computer Fraud and Abuse Act to preclude allow recovery for misappropriation of computer information....more

Campmor, Inc. v. Brulant, LLC

Memorandum of Law in Opposition to Second Daubert Motion to Exclude Testimony of SEO Expert

From the Preliminary Statement: "Nearly two years ago, Brulant, LLC (“Rosetta”) sought to preclude the testimony of Brian Cooper (Campmor’s SEO expert) through a motion in limine. As the Court recalls, the relief sought by...more

Morgan Stanley Sued Over $110 Million in Mortgage Loans

On September 28, an RMBS trustee sued a Morgan Stanley unit in the Supreme Court for the State of New York, alleging that Morgan Stanley sold RMBS backed by defective mortgage loans. The trustee asserts that Morgan Stanley...more

The Rise of the Computer Fraud and Abuse Case

Major changes are in the works for the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. In the past ten years, the CFAA has moved from obscurity into the limelight as Congressional amendments drastically increased its...more

Phonedog LLC v. Noah Kravitz- Who owns business profiles on Twitter ?

Plaintiff's Amended Complaint- Phonedog LLC v. Noah Kravitz

Mobile phone business Phonedog LLC filed suit against former employee Noah Kravitz in the US District Court for the Northern District of California in November 2011, alleging that Mr. Kravitz took 17,000 Twitter followers...more

VO Group, LLC v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (CPLR sec. 3211(a)(7))

Motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on PissedConsumer.com....more

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer's Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for...more

Campmor, Inc. v. Brulant, LLC

Opinion granting in part and denying in part defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Enhanced Pleading Requirments Apply in Patent Marking Cases

Allegations that a party falsely marked unpatented articles with a U.S. patent number must include facts from which a court may reasonably infer that the party acted with intent to deceive the public. So held the Court of...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 9, Issue 1 - Winter 2011

Inside this issue: 1 Considerations for Software Patent Claims in the United States, Europe, and Canada 1 Where (and Even When) Does KSR Belong in Obviousness Arguments? 11 While Not Right for Every Invention, Trade...more

Defamed on the internet by an out-of-state resident

Ohio courts have personal jurisdiction over out-of-state residents for defamatory statements made on the internet....more

Maryland Court: Employees Who Steal Data from the Company Computer Do Not Violate the Computer Fraud and Abuse Act

A federal district court in Maryland held that an employee who stole proprietary data from his prior employer did not violate the Computer Fraud and Abuse Act (“CFAA”) because he was authorized to access the data...more

Why Two District Courts Dismissed Valid Computer Fraud and Abuse Claims for Lack of Jurisdiction

Two federal district courts, one in Maryland and the other in Texas, dismissed what each court considered to be valid civil claims under the Computer Fraud and Abuse Act (“CFAA”). Title 18 U.S.C. § 1030. The CFAA is the...more

Connecticut District Court Refuses to Dismiss Computer Fraud and Abuse Claims Against Ex-Employee

Without reference to the conflicting positions between LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) and Int’l Airport Centers LLC v. Citrin, 440 F.3d 418, 420 (7th Cir.2006) a Connecticut federal...more

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