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White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

False claims by any other name: Medtronic and Omnicare cases illustrate the interplay between the False Claims Act and other...

- Government allegations of Medtronic’s alleged incentives to physicians for prescribing its medical devices lead company, while denying wrongdoing, to settle False Claims Act suit predicated on Anti-Kickback...more

Appointment of a Data Protection Officer in Germany: You Wanna Avoid Trouble? Then Make Sure You Appoint the Right Person!

Data protection law is on the rise. Courts as well as local authorities become increasingly sensitive to the misuse of any individual’s personal data that applicable statutory provisions in Germany, such as the Federal Data...more

LAG Schleswig-Holstein: Kündigung wegen ausschweifender Internetnutzung trotz 21 Jahren im Betrieb ohne Abmahnung möglich

Einem Arbeitnehmer, der ohne Erlaubnis während der Arbeitszeit den vom Arbeitgeber zur Verfügung gestellten Computer exzessiv für privates ‘Surfen nutzt, kann auch ohne Abmahnung gekündigt werden. Dem stand in einer aktuellen...more

First Circuit Affirms Dismissal of FCA Complaint Based on First-to-File Bar

The First Circuit recently affirmed the dismissal of United States ex rel. Wilson v. Bristol-Myers Squibb, Inc. under the False Claims Act’s (“FCA”) “first-to-file” provision, which prohibits any person “other than the...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

Tech Titans Settle Wage Antitrust Case

As often happens in the vicinity of courthouse steps, the high-profile Silicon Valley hiring antitrust class-action lawsuit has settled, pending court approval. In re: High-Tech Employee Antitrust Litigation originally pitted...more

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,...more

USPTO Issues Guidance for Analyzing Subject Matter Eligibility of Claims Reciting Laws of Nature/Natural Principles, Natural...

Earlier today, in a memorandum issued to the Patent Examining Corps by Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld, the U.S. Patent and Trademark Office implemented a new procedure for determining the...more

Federal Appeals Court Rejects False Claims Act Suit Based on Drug Packaging cGMP Violations

Last Friday, the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a False Claims Act (“FCA”) case brought against Omnicare. United States ex rel. Rostholder v. Omnicare, Inc., No. 12-2431, 2014 WL 661351...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Appellate Court Denies Retirement Benefits To Former Employee After Finding The Employee Violated The Employer's Retirement Plan

In Wall v. Alcon Laboratories, Plaintiff, an employee at Alcon Laboratories, was offered a job with Otonomy, a bio-pharmaceutical company and, in Alcon's view, one of its competitors. Plaintiff accepted the job offer from...more

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more

Week in Review - January 23, 2014

Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link below to an article...more

U.S. Supreme Court Update - January 2014

Court Begins 2013-2014 Term - Upon starting its 2013-2014 term during the government's recent partial shut-down, the U.S. Supreme Court opened with a grant of certiorari in a case with state and local tax implications,...more

Court Requires Employer To Pay Legal Fees Of Ex-Employee Charged With Trade Secret Theft

On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more

Second Circuit: in-house counsel may not seek to profit as whistleblowers against former employers

The United States Court of Appeals for the Second Circuit has issued an important ruling restricting in-house counsel from acting as whistleblowers in litigation against their current or former employers. ...more

$20 Million Settlement in In re: High-Tech Employee Antitrust Litigation, a Non-Poaching Agreement Case

Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust...more

Bring-Your-Own-Device: Are Employers Opening the Door to Security and Legal Risks?

According to a recent press release by Gartner, Inc., a global technology research and advisory company, half of all employers are expected to require their employees to supply their own devices for work by 2017. A...more

Ideas and Advice for Demonstratives In Employment Litigation

I recently had the pleasure of giving a presentation on demonstrative graphics for the State Bar of California’s Employment Law Division in San Francisco. In giving this presentation, I wanted to make sure it was not simply...more

Does District Court Dismissal of Declined Qui Tam Threaten Future DOJ False Claims Enforcement?

The U. S. Department of Justice (DOJ) has taken the unusual step of appealing a federal district court’s dismissal of a declined qui tam brought under the federal and multiple state false claims acts (FCA). Could the...more

Top 5 Ediscovery Case Summaries – August 2013: Pennsylvania - Proportionality Must Be Considered for Spoliation Sanctions

PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013). In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more

Bernstein Shur Business and Commercial Litigation Newsletter #30

We are pleased to present the 30th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month we highlight cases discussing federal pleading standards, the intersection of patent law and antitrust...more

Top 5 Ediscovery Case Summaries – July 2013: New York - Minimal Court Oversight Required for Predictive Coding Protocol

Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013). In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more

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