Criminal Law Science, Computers & Technology

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Kolon Finally Served With Criminal Summons in Korea, Subsequently Settles for $360 Million

On April 30, 2015, Kolon Industries finally resolved two long-standing disputes regarding its alleged misappropriation of trade secrets related to DuPont Co.’s bullet-proof Kevlar Material.  The settlement resolved a six-year...more

Internal Revenue Service Announces Creation Of A Criminal Investigative Team To Focus On Cyber Tax Fraud

A May 5, 2015 report detailed that the Internal Revenue Service (“IRS”) has created a new cybercrime investigation team. Based in Washington, D.C., and made up of about a dozen specially-trained agents, the unit will focus...more

French National Assembly Adopting Surveillance Legislation

On 5 May 2015, the French National Assembly adopted a Bill aiming at reinforcing state surveillance. Several internet players as well as politicians have already raised serious concerns regarding the adoption of this Bill....more

DOJ Sets its Sights on Antitrust Violations in the E-Commerce Marketplace

The Antitrust Division of the U.S. Department of Justice (Antitrust Division) continues to intensify and expand criminal enforcement of the antitrust laws. The results speak for themselves. In fiscal year 2014, the Antitrust...more

Laptops, Border Checks and The Fourth Amendment

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

France: Lower House of Parliament Adopts Controversial Draft Law on Surveillance

The mood is shifting in the debate between privacy and security as France prepares to enact a controversial terrorism surveillance law critics have nicknamed the “French Patriot Act.” In the wake of the revelations...more

Justice Department Provides Cybersecurity Guidance

In late April, the Department of Justice’s Cybersecurity Unit provided a set of voluntary best practices for companies faced with the prospect of data breaches. The DOJ’s best practices were expressly developed with smaller...more

Hospital CFO Must Pay $4.4 Million For Falsely Attesting To Meaningful Use

The Health Information Technology for Economic and Clinical Health Act, adopted in 2009, pumped billions of dollars into hospitals and physicians (through the Centers for Medicare and Medicaid) in order to stimulate them to...more

Beware – Price Fixing by Algorithms

So, you’ve designed a great looking poster. Posters are sold all over Twitter and other social media sites, and now you’ve been lucky enough to land a space in Amazon Marketplace. You’re not the only one selling posters, of...more

Breaking Down the DOJ Cybersecurity Unit’s Guidance on Responding to Cyberattacks

Another federal agency has weighed in with “guidance” on cybersecurity preparation and breach response. The Department of Justice (DOJ) is the latest to issue guidance on how companies should respond to data breaches. The...more

DOJ Guidance for Victims of Cybercrime: The Dos and Do Nots of Cyber Preparedness

On April 29, 2015, the Cybersecurity Unit in the Computer Crime and Intellectual Property Section (CCIPS) of the U.S. Department of Justice released a best practices document (Document) for victims of cyber incidents. The...more

DOJ Cybersecurity Unit Releases “Best Practices” For Cyber Breaches

Last week, in conjunction with the Criminal Division’s Cybersecurity Industry Roundtable, the U.S. Department of Justice released its “Best Practices” guide for preparing for and responding to a cyber incident....more

Executive Order Authorizes Sanctions against Cybercriminals

Citing cyberthreats as one of the most serious economic and national security challenges to the U.S., President Obama recently issued an executive order (EO) authorizing the use of economic sanctions against those who...more

Protecting Personal Data in China: An Update

Personal data protection legislation has been a widely discussed topic in recent years in China, mainly because employees of institutions that amass personal data of users and clients in the course of their business (such as...more

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other...more

Secretary Of Homeland Security Seeks Cooperation Between Public And Private Sectors In Fight Against Cybercriminals

On April 21, 2015, Department of Homeland Security (“DHS”) Secretary Jeh Johnson spoke at the annual RSA Conference 2015. In his remarks, Johnson explained that, while the DHS was established primarily to focus on...more

Blog: Fraud Watch: Laboratory Referrals Under Government Scrutiny

Significant recent regulatory and enforcement activity related to laboratory fees and services continues to demonstrate an increased focus on this industry. Government enforcers are active in cases involving both the...more

FinCEN and ICE Issue Geographic Targeting Order Against Electronics Exporters in the Miami Area

On April 21, 2015, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) served a Geographic Targeting Order (GTO) on about 700 electronics exporter businesses in the Miami area, in an investigation into cash...more

China Update: Privacy Law and Network Security Developments

The past 16 months have been eventful in China in connection with privacy law and network security developments. Key privacy law developments included: .. the coming into effect of new privacy provisions of the...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

Federal Court Finds Hotel Room Ruse Violated Fourth Amendment

In a case testing the boundaries of how far the government can go when creating a ruse to access a suspect’s premises, a U.S. District Court in Nevada concluded that the government’s disruption of internet service to a hotel...more

First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea

In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to...more

Back in a Flash: Sergey “Flash Boy” Aleynikov Returns to Court for New Trial

Sergey Aleynikov’s six-year odyssey through the U.S. judicial systems—both federal and state—continues.  Last week, Aleynikov stepped into a New York State courtroom to defend himself at trial against a pair of criminal...more

Two Oft-Neglected Cybersecurity Protections

With each passing year, cybercrime moves further into the mainstream of public company existence. What until recently was mostly an annoying, abstract concern for a handful of companies is now a daily menace that impacts...more

DOJ Charges Former Federal Agents with Bitcoin Wire Fraud and Money Laundering

On March 30, the DOJ filed a criminal complaint against two former federal agents on charges of wire fraud and money laundering of digital currency stolen during the investigation of Silk Road. According to the DOJ, both...more

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