Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Is Edward Snowden a Whistleblower?
Expect More Second Amendment Fights
Are Political Intelligence Practice Groups Too Risky?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Weekly Brief: New Round of Layoffs Hit Law Firms
SEC News - Five Year Enforcement Limitation, FCPA Charges for Foreign Nationals, More...
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
How to Protect Your Company From Hackers
Marijuana in the Workplace
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Stealth Lawyer: Dawn Porter, Filmmaker, 'Gideon's Army'
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: New DOJ Tact Pushes Bank Subsidiaries To Admit Guilt
What Not To Do If You Are Involved in a Federal Criminal Investigation
Weekly Brief: Courthouse Violence on the Rise
How Does Immunity Work in a Federal Criminal Case?
What Happens in a Federal Grand Jury?
Ex-Boy Scout Trial Exposes Group’s “Pervert” Cover Up
The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more
Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more
In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more
We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more
Employers should be aware that the Cloud Computing Act of 2012 was recently introduced in the US Congress as an amendment to the Computer Fraud and Abuse Act (CFAA). +2012 Bill Tracking S. 3569. It would aid employers by...more
Gregory Fair was an internet entrepreneur. Of sorts. Mr. Fair's Criminal Copyright Enterprise - He sold pirated copies of outdated Adobe software on Ebay. His customers could buy this outdated software, then, with...more
On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not...more
Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the...more
Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more
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
In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into...more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on the...more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on...more
Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more
Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and The Geolocation Privacy...more
If anyone deserves a longer sentence, it is a sex offender who victimizes minors. But no one would ever have anticipated that a sex offender would receive extra prison time for using a basic cell phone in the furtherance of...more
• Last week the Sixth Circuit Court of Appeals upheld the criminal conviction for the Computer Fraud and Abuse Act (“CFAA”) of an employee who stole confidential data from his employer’s computers. ...more
As part of its sweeping Comprehensive Crime Control Act of 1984, Congress enacted a criminal statute prohibiting the “unauthorized access” of information contained in federal government computers and computers employed by...more
This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the...more
Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer...more
Court in ticket resale case says ‘yes,’ if it results in unauthorized access, an essential element of the crime. The U.S. Department of Justice has brought a Computer Fraud and Abuse Act (CFAA) prosecution in New...more
While the federal Computer Fraud and Abuse Act (“CFAA”) permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the...more
A critical element in proving either a civil or criminal violation of the Computer Fraud and Abuse Act (“CFAA”), the federal computer crime statute, is that the defendant act with criminal intent as opposed to...more
A New York federal Judge dismissed the Computer Fraud and Abuse Act (“CFAA”) count charging Sergey Aleynikov, a former computer programmer for Goldman Sachs & Co., with stealing the computer source code used in...more
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
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