Criminal Law › Civil Procedure › Intellectual Property

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Another Court Construes the CFAA Narrowly and More of My Thoughts on the Statute

After last year's important Ninth Circuit decision from U.S. v. Nosal, I discussed my take on the ongoing debate within our federal courts over how to interpret the Computer Fraud and Abuse Act - and in particular, whether...more

District Court in California Provides Further Clarification as to the Scope of the Computer Fraud and Abuse Act

On March 12, 2013, the U.S. District Court for the Northern District of California issued a ruling clarifying the reach of the federal Computer Fraud and Abuse Act (CFAA) when employees access computer systems. The decision...more

Recent Developments In Information Technology Law - First Quarter 2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action

Congress recently took new steps to protect trade secrets, which are generally defined as all forms or types of financial, business, scientific, technical, economic, or engineering information that the owner has taken...more

Confidentiality From The Boardroom To The Bedroom

Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions. What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more

Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more

Global Connection - November 2012

In This Issue: - Editor’s Letter - Please Tell Me How This Ends: Determining a Client’s Status in a Grand Jury Investigation - ITC Section 337 Practice: Beyond Patent Infringement - Conference Highlights —...more

Business Litigation Report -- September 2012

In This Issue: Trial Update; Internet Litigation Update; Russia Litigation Update; Analysis: The Federal Circuit’s Transocean Decision on Offer-To-Sell Infringement; Securities Litigation Update; Victory in Criminal...more

In Effort to Extradite UK Man in Piracy Case, DOJ Is Overreaching

A current anti-piracy case demonstrates the U.S. government’s intent to enforce its copyright laws not just beyond national borders, but beyond the extent of logic. The U.S. Department of Justice has issued an arrest warrant...more

Guggenheim Capital v. Toumei

Brief for Defendant-Appellant David Birnbaum

This appeal concerns the question of whether it is proper for a court to enter, as a sanction for litigation non-compliance, a default judgment and a seven-figure statutory damages award against a penurious individual who...more

Intellectual Property Bulletin - Spring 2012

In This Bulletin: - Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes.…1 - Patent Reform: The Public Speaks …. 3 - Quick Updates ….5 - Criminal Liability for Cloud Storage Service...more

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

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

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

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

Spotlight on the Economic Espionage Act

When the Economic Espionage Act (“EEA”) was passed in 1996, it was hailed as a much-needed remedy to combat the growing threat to the United States’ national and economic security posed by efforts, largely foreign, to steal...more

Business Litigation Report -- March 2012

In This Issue: Firm Awards: Legal Business Names Quinn Emanuel "US Law Firm of the Year" QE's Appellate and Antitrust Practices Ranked Top in the Nation Firm News: Star Trial Lawyer William Burck...more

Victor Stanley v. Creative Pipe: New Breakthrough Opinion Sheds Light on Serious Dangers of Destroying Electronic Evidence

A Magistrate Judge for the U.S. District Court in Maryland imposed heavy sanctions on a litigant last week after finding he had intentionally destroyed electronic evidence in defiance of repeated orders not to do so. In an...more

China's Supreme People's Court Publishes White Paper on Intellectual Property Protection by Chinese Courts

On April 20, 2010, China’s Supreme People’s Court published its first Intellectual Property Protection by Chinese Courts in 2009 White Paper (“White Paper”). The White Paper provides a review of Intellectual Property Rights...more

Pennsylvania Supreme Court Overturns State Trademark Counterfeiting Law

On October 5, 2009, the Pennsylvania Supreme Court overturned Pennsylvania's trademark counterfeiting law. In a 4–3 decision, the majority on the court concluded the law was unconstitutionally broad and that it violated...more

Intellectual Property Quarterly Newsletter - Winter 2008

IN THIS ISSUE: Bidding for a Copyright Injunction After eBay, pg. 2 -------------------------- New Law Expected to Add Teeth to Current Counterfeiting Laws, pg. 3 -------------------------- Intervening Rights:...more

Savage v. Council on American-Islamic Relations, Inc., et al.

Notice that Defendant Lacks Standing to Litigate

In December of 2007, radio talk show host Michael Savage filed suit in federal district court against the Council on American-Islamic Relations, alleging copyright infringement and a violation of federal racketeering laws for...more

State vs. Chun

New Jersey Supreme Court's Opinion

The New Jersey Supreme Court's decision on the source-code issue relative to the Draeger breath test maching used throughout the state of New Jersey and the United States to test breath for alcohol content in drunk driving...more