Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Trends and Analysis -
..We have identified 24 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only 2 were filed in 2013. Nearly half were filed before 2011.
..Among the 24...more
Electronic Notice by Claims Administrator Garden City Group to US Full Tilt Poker Player Victims re Fund Remission Process, Protocols, and Procedure.
On September 16th, 2013 the Full Tilt Poker Claims...more
Trends and Analysis:
..We have identified 20 health care-related qui tam cases unsealed in July 2013. About a quarter of those were filed in 2013.
..Among the cases unsealed in July, the government has declined to...more
The Computer Fraud and Abuse Act is organized about as logically as David Foster Wallace's sprawling masterpiece, Infinite Jest.
For literary fiction, that might be fine. For federal statutes, it's a disaster....more
In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more
The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more
Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more
In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more
We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more
Employers should be aware that the Cloud Computing Act of 2012 was recently introduced in the US Congress as an amendment to the Computer Fraud and Abuse Act (CFAA). +2012 Bill Tracking S. 3569. It would aid employers by...more
Gregory Fair was an internet entrepreneur. Of sorts.
Mr. Fair's Criminal Copyright Enterprise -
He sold pirated copies of outdated Adobe software on Ebay. His customers could buy this outdated software, then, with...more
On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not...more
Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the...more
Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more
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
In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into...more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on the...more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on...more
Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more
Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and The Geolocation Privacy...more
If anyone deserves a longer sentence, it is a sex offender who victimizes minors. But no one would ever have anticipated that a sex offender would receive extra prison time for using a basic cell phone in the furtherance of...more
• Last week the Sixth Circuit Court of Appeals upheld the criminal conviction for the Computer Fraud and Abuse Act (“CFAA”) of an employee who stole confidential data from his employer’s computers. ...more
As part of its sweeping Comprehensive Crime Control Act of 1984, Congress enacted a criminal statute prohibiting the “unauthorized access” of information contained in federal government computers and computers employed by...more
This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the...more
Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer...more