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How Website Operators Use CFAA To Combat Data-Scraping

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

"The Collateral Effects of Deferred Prosecution Agreements to Corporations in Subsequent Civil and Regulatory Actions"

Over the past decade, the deferred prosecution agreement (DPA) has become a standard tool of the U.S. Department of Justice. A DPA essentially is a contract between the DOJ and the target of an investigation — often a...more

The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

Getting An $800,000 Assist From The Government: Referring Trade Secret Theft For Criminal Prosecution Pays Off

We rely on the federal government for a lot of things, but helping a corporation recover attorney’s fees is not something that immediately comes to mind. ...more

Recent Civil and Criminal Actions Highlight Trade Compliance as a Risk Area That Should Not Be Ignored

Recent news highlights what can happen when companies are not compliant vis-à-vis their trade compliance programs, leading to potential civil and criminal actions. Such actions can cost millions of dollars in penalties,...more

Central District of California Holds That Criminal Amnesty Recipients not Entitled to ACPERA Benefits in Parallel Civil Action...

In a groundbreaking decision, the Central District of California became the first court to hold that antitrust violators who received amnesty from criminal prosecution were not entitled to the damages-limiting benefits of the...more

Triaging Trade Secret Theft

As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and...more

Ten Steps To Help Insurers Preserve Their Right To Restitution Under Federal Victims’ Rights Statutes

The Crime Victims’ Rights Act and the Mandatory Victims’ Restitution Act provide a wide range of circumstances under which those convicted of federal economic crimes must pay court ordered restitution to their victims. Unlike...more

Gaming Legal News - July 17, 2013 • Volume 6, Number 15

In This Issue: ENFORCEABILITY OF IGAMING DEBTS IN ONTARIO: As previously reported in Gaming Legal News, in October 2010 the Ontario Superior Court of Justice (Divisional Court) ruled in the case of Bérubé v....more

Criminal Antitrust Update - April 2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

Federal Authorities Announce FCPA Action, First SEC Non-Prosecution Agreement

On April 22, the DOJ and the SEC announced parallel actions against a clothing company to resolve allegations that a subsidiary of the company paid bribes to Argentine officials over a several-year period to obtain improper...more

What’s at the Bottom of the ‘Robosigning’ Scandal?

The problematic practice of robosigning – whereby banks and other lenders improperly foreclosed on properties through formulaically processing foreclosure documents – has been much in the news over the past couple of years....more

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

On February 22, 2013, the U.S. Court of Appeals for the Eleventh Circuit vacated the smuggling and conspiracy convictions of two importers of allegedly tainted cheese products in the case of United States of America v. Yuri...more

Amendments to the Economic Espionage Act Broaden Trade Secret Protection

Protecting and enforcing trade secrets in the United States has historically been challenging. Recent amendments to the Economic Espionage Act of 1996 (the "EEA"), which criminalizes theft of trade secrets, broaden the scope...more

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

1 The Legislative Framework of the Cartel Prohibition: 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The legal basis of cartel prohibition in Canada...more

Recent Cartel Developments

This Alert summarises two significant recent developments in UK cartel law. The first development relates to the right of third parties to bring damages claims against the participants in a cartel, specifically the time...more

Department of Justice Enters Historic Agreement with Poker Stars, Full Tilt Poker

Full Tilt Poker, Poker Stars, and the U.S. Department of Justice announced today that Poker Stars will acquire Full Tilt Poker’s assets in a transaction that ends the DOJ’s civil forfeiture case against Full Tilt. Both Full...more

Participatory Loan Agreements: Usury Provisions and Equity Sweeteners

When lending to borrowers poised for growth, it is not uncommon for lenders to include mechanisms for them to capitalize on the future growth of the borrower, be it through warrants or other equity sweeteners (often known as...more

Fifth Circuit: Driving in Violation of Criminal Plea Is Not an "Occurrence" Under Texas Law

In Wilkinson v. State Farm Lloyds, 2012 WL 89957 (5th Cir. (Tex.) Jan. 12, 2012), the U.S. Court of Appeals for the Fifth Circuit found that driving past the house of a sexual molestation victim in violation of a criminal...more

Focus of Internet Poker Settlement: ENFORCEMENT

Recent reports are that a deal has been agreed to by all interested parties which would allow the sale of Full-tilt assets to a French Company (GBT). As reported part of the purchase includes a payment of $80M USD by the...more

DOJ Alleges FT Players Are Merely General Unsecured Creditors

The position of the DOJ and by inference the fate of the players claims to funds seized by the DOJ is clearly revealed in the Motion to Dismiss the claim of Adam Webb in the Civil Forfeiture case. The government unequivocally...more

Mexican Competition Law — Insight on the May 2011 Reform

Between late April 2011 and early May 2011, the Mexican Congress and President Calderón completed the legislative process initiated in April 2010 to pass a bill of amendments to the Mexican Competition Law (the...more

Insurer Has Duty to Defend Sexual Abuse Claims Where Negligence of Partner Is Alleged

In State Auto Property and Cas. Ins. Co. v. Kincaid, 2011 WL 344086 (C.D. Ill. February 1, 2011), the U.S. District Court for the Central District of Illinois, applying Illinois law, found that a commercial general liability...more

Directors not automatically liable for cheque bounce

In this article I am dealing with the liability of directors on cheque bounce under section 138 of the Negotiable Instruments Act. Whether all directors of the Company are liable under section 138, and what happens to the...more

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