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President Obama Signs into Law the Theft of Trade Secrets Clarification Act

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012

Reid-Kyl Draft iPoker and iGaming Prohibition Bill Leaked -- "Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012" A copy of the Kyl-Reid draft bill on Internet poker enabling...more

The Reality of Compliance: The Individual Employee

I have had more than one corporate general counsel tell me that anti-corruption compliance is not very effective in protecting against foreign bribery. Their argument is that a company’s compliance program boils down to the...more

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA), is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

Business Litigation Report -- July 2012

In This Issue: Firm News: *Amy Candido Named One of Five Intellectual Property “Rising Stars” by Law360 *Quinn Emanuel Named to The National Law Journal’s “IP Hot List” *Steve Madison and Rick Werder...more

A New Government Criminal Initiative – The Economic Espionage Act

Government prosecutors have launched a new initiative aimed at protecting intellectual property. The Economic Espionage Act criminalizes the theft of trade secrets. Congress passed the Act in 1996 to protect United States...more

Digital Afterlife - A Looming issue of dealing with death and online identity

People use the Internet for countless reasons, ranging from posting thoughts and pictures onto blogs, to keeping up with friends and family, and even maintaining bank accounts and credit card balances. As we go through our...more

Is Computer Fraud and Abuse Act for Hackers Only? Ninth Circuit Says Yes, and Supreme Court May Have to Make Final Call

Employers looking to hold employees liable for misappropriation of trade secrets or violations of company computer policies under the Computer Fraud and Abuse Act may have to find another avenue for relief. At least that's...more

The Ninth Circuit Weighs In on the Scope of Liability Under the CFAA

On April 10, 2012, the United States Court of Appeals for the Ninth Circuit issued its decision en banc in United States of America v. David Nosal, rejecting the notion that employees who breach their employers’ computer use...more

Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from...more

En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review

Employers and website hosts cannot, by contractually limiting how individuals may use information stored on their networks, define acceptable limits of access ‘‘authorization’’ under the Computer Fraud and Abuse Act, the U.S....more

Noncompete News: Ninth Circuit Holds Employee Data Theft is Not Punishable Under the CFAA After All

Executive Summary: In its much anticipated en banc decision, the Ninth Circuit refused to extend the Computer Fraud and Abuse Act ("CFAA") to employee data theft in United States v. Nosal. The Court declined to "transform the...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

Indictments of Megaupload Are a Greater Threat to Web Users Than Piracy

In last week’s Megaupload indictment, the U.S. government has raised the debate over copyright infringement on the Web to a whole new level – treating the operators of one of the most popular sites on the Internet as if they...more

January 2012: Japanese Litigation Update

In This Issue: - Japanese Record Labels Sue YouTube Downloader Site The Recording Industry Association of Japan (RIAJ), an organization representing the Japanese music recording industry, issued a press release...more

Congress Takes Aim at Counterfeit Drugs

Bills were introduced in both the House and the Senate earlier this month to increase the penalties for trafficking in counterfeit drugs. Both versions of the proposed “Counterfeit Drug Penalty Enhancement Act of 2011” (H.R....more

U.S. Customs IP Seizures at Record Highs

The U.S. government has substantially increased its focus on goods imported into the United States that infringe copyrighted works and trademarks. This article discusses these recent efforts and provides practical advice to...more

Shooting, Hunting, and Outdoor Industries IP Update

This is the February 2011 installment of Sutherland's “Shooting, Hunting, and Outdoor Industries IP Update.” These updates are intended to inform our readers about intellectual property (IP) developments in the shooting,...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

Antitrust: Commission confirms unannounced inspections in pharmaceutical sector

On 30 November 2010, European Commission officials carried out unannounced inspections at the premises of a number of pharmaceutical companies in several Member States. Reason was the Commission's suspicion that they may have...more

New Law Expected to Add Teeth to Current Counterfeiting Laws

Recognizing that the increase in willful violations of U.S. counterfeiting laws pose a serious threat to the economy, both chambers of Congress finally passed the Prioritizing Resources and Organization for Intellectual...more

Ashcroft v ACLU formerly ACLU v Reno

Opinion of the US Supreme Court Vacating & Remanding

In Oct., 1998, Congress passed and President Clinton signed into law a new "sequel" to the unconstitutional Communications Decency Act. This new Internet censorship bill, the Child Online Protect Act (COPA, a.k.a. "CDA II")...more

Ashcroft v ACLU formerly ACLU v Reno

Brief of Amici Curiae In Support Of Respondents (VLA & PFAW)

In Oct., 1998, Congress passed and President Clinton signed into law a new "sequel" to the unconstitutional Communications Decency Act. This new Internet censorship bill, the Child Online Protect Act (COPA, a.k.a. "CDA II")...more

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