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US V. Lawrence DiCristina

BRIEF FOR AMICUS CURIAE THE POKER PLAYERS ALLIANCE IN SUPPORT OF APPELLEE AND AFFIRMANCE

SUMMARY OF THE ARGUMENT in Poker Player's Alliance (PPA) Amicus Curiae Brief: Poker is an American tradition and a game of skill. Invented in the United States approximately two centuries ago, the game has always been...more

Circuit Split: How Does the CFAA Apply to Employment Cases?

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...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

United States v. Lawrence DiCristina

Court Memorandum, Order, and Judgment

Since games run by the defendant’s business must constitute “gambling” as defined by the IGBA, it must be determined whether poker falls under that definition of gambling. As noted above, the IGBA defines “gambling” as...more

United States v. Lawrence DiCristina

OPINION

Key Legal Opinion Holdings: 1. Poker is Predominated By Skill Rather than Chance. 2. Poker is Not Gambling Under IGBA. On December 9, 2011, defendant Lawrence Dicris-tina was charged in a second superseding...more

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

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

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...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

The Computer Fraud And Abuse Act Subject To Different Interpretations

Among its various provisions, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030, subjects a person who “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains …...more

Chance v. Skill in New York’s Law of Gambling: Has the Game Changed?

What is the proper test of skill or chance in assessing what activity is gambling in the State of New York? According to noted NY gaming law expert Bennett Liebman, it is the so-called "predominance test" as outlined in this...more