Science, Computers & Technology › Civil Procedure › Criminal Law

Court Denies Motion for Class Certification in Hannaford

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

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

Poker Gaming Act of 2013: State of Texas Bill (HB 292 filed 12/17/2012)

POKER GAMING ACT OF 2013 -- State of Texas Bill relating to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission; providing civil and criminal penalties. HB 292 Legislative Session:...more

Second Circuit Holds First Amendment Bars Conviction Based Solely on Off-Label Promotion of FDA-Approved Drug

In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful,...more

US v. Pokerstars, et. al. (Christopher Ferguson)

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE...

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT: ----- "Christopher Ferguson joins in Howard Lederer’s...more

US v. Pokerstars, et. al. (Lederer)

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S...

[LEDERER'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM...more

US v. Pokerstars, et. al. (Lederer)

DEFENDANT AND CLAIMANT HOWARD LEDERER'S NOTICE OF MOTION AND MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT'S IN PERSONAM...

[MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM CLAIMS] "The original...more

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

Introduction - The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to a private computer system and allows for individuals suffering harm from such conduct to bring private civil actions for relief....more

The Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012 [Reid - Kyl Draft iGaming Bill...

[Reid - Kyl Draft iGaming Bill Summary Leaked to Media on September 12, 2012] Prior to the attached document which poker endemics, bloggers, and others in the US media obtained access thereto yesterday evening...more

IGBA Poker NY Law Excerpt from ANALYSIS OF THE ILLEGAL GAMBLING BUSINESSES ACT -- New York State Gambling Law

IGBA Poker NY Law Excerpt from ANALYSIS OF THE ILLEGAL GAMBLING BUSINESSES ACT -- New York State Gambling Law --- EDNY Senior District Court Judge Jack Weinstein got most of it right in his thorough legal analyses of IGBA...more

Cardoom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT CHRIS FERGUSON, TO PLAINTIFF’S FIRST AMENDED COMPLAINT

Plaintiff’s lawsuit is nothing more than a frivolous and baseless attempt to capitalize on an indictment and civil forfeiture action that is wholly unrelated to the claims alleged. Plaintiff, Cardroom International LLC...more

USA v. Poker Stars (Poker Players Alliance Amicus Filing)

THE POKER PLAYERS ALLIANCE’S MEMORANDUM IN SUPPORT OF ITS MOTION FOR LEAVE TO PARTCIPATE AS AMICUS CURIAE

The PPA is a non-profit organization, whose membership includes over a million professional and amateur poker players and enthusiasts with years of experience playing poker, is in a unique position to help inform the Court...more

USA v. Poker Stars (Christopher Ferguson)

NOTICE OF MOTION TO DISMISS THE VERIFIED FIRST AMENDED COMPLAINT

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Christopher Ferguson joining the Memorandum of Points and Authority in Support of Howard Lederer’s Motion to Dismiss the Verified First Amended Complaint and the...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

Can Twitter Protect a User’s Information?

Data obtained from social networking websites continues to become more essential to developing a parties’ case. Production of that data, however, has become more burdensome for the companies developing the technology. For...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

Ninth Circuit Gives a Narrow Interpretation of What Constitutes a Violation of the Computer Fraud and Abuse Act

On March 22, 2012, Patton Boggs LLP posted a client alert (available here) on the antihacking Computer Fraud and Abuse Act (CFAA), discussing that different federal courts were split on whether the CFAA imposes liability on...more

Pro Te Solutio - Vol. 5 No. 2, March 2012

In This Issue: - 2 In the Line Of Fire: Recent FCPA Enforce- ment Efforts - 8 The New FDA Guidance On Foreign Clinical Trials - 22 A Bridge To Nowhere: RICO Fraud Consumer Class Actions Excerpt from...more

Technology and the Courtroom

When introducing technology into the courtroom, the trial lawyer needs to be master of that domain. This is not the time to experiment. Trial lawyers not comfortable with technology should seriously consider utilizing...more

The Computer Fraud and Abuse Act: An Uncertain Path for Bringing Trade Secrets Litigation in Federal Court

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

Government Puts In-House Counsel in its Cross-Hairs

Confirming recent statements by Department of Justice (“DOJ”) and Food & Drug Administration (“FDA”) officials that the government will increasingly target individual executives for criminal prosecution, DOJ has indicted a...more