Criminal Law › Business Torts › Labor & Employment Law

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act...more

New Jersey's Medical Marijuana Law Impacts Employers

The New Jersey Compassionate Use Medical Marijuana Act raises a slew of issues for employers that have yet to be fully explored and resolved in litigation. New Jersey employers must have an ongoing relationship with an...more

October 2012: White Collar Litigation Update

In This Issue: - "Second Circuit Clarifies “Substantial Assistance” Standard for Aiding and Abetting Liability in SEC Enforcement Actions" - "NLRB Prohibits Employers from Requesting that Employees Keep Silent...more

Insider Trading: What Happens When the Victim Says That There Was No Crime?

Under the “misappropriation theory” of insider trading, a person violates the securities laws by breaching a fiduciary duty to keep information confidential. But what happens when the entity to whom the fiduciary duty was...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

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer...more

Basics of Legal Evidence

A discussion about what is legal evidence, and the threshold that must be met before a piece of evidence can be introduced in court....more

Preserving a CFAA Claim When Employees Misappropriate Data

The Computer Fraud and Abuse Act (the “CFAA”) imposes criminal penalties when a “protected computer” is accessed “without authorization.” Because the CFAA applies to any computer used in foreign or interstate commerce,...more

9th Circuit Rules For Employers In Protecting Trade Secrets

More often than not when a management law firm informs its clients of recent case developments, the news is not good. This is an exception. The U.S. Court of Appeals for the 9th Circuit recently decided a case which offers...more

United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

The U.S. Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v. Nosal, Case No. 10-10038...more

How Not to Investigate a Suspected Data Theft

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal...more

“Whistleblowing Under the Dodd-Frank Act”

The Dodd-Frank Act includes new and expanded whistleblower protections as well as bounty hunter provisions that are designed to increase the referrals of larger fraud actions by incentivizing employees, contractors, and many...more

Fraud detection techniques - Russian scenarios

A brief overview of fraud detection techniques...more

Jennifer Farfaras v Citizens Bank, et al.

Federal 7th Circuit Upholds Verdict of Sexual Harassment

The plaintiff filed sex harassment and sex discrimination complaints under Title VII of the Civil Rights Act of 1964 and common law complaints of battery, intentional infliction of emotional distress and assault against...more