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United States v. China: The Battle over Cyber-Espionage Results in Criminal Charges

For those of us who have been active in cybersecurity, it is a well known fact that the Chinese government, acting through its military, has been the most prolific global perpetrators of cyber-espionage. Over the past several...more

Are High Frequency Traders Playing Fast and Loose With the Rules?

When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. ...more

Winter 2014 Federal Copyright and Trade Secret Legislation Update

Several bills under consideration in the 113th Congress would establish or significantly amend certain federal statutes related to the protection, enforcement, and exploitation of trade secrets or copyrights. Some legislation...more

Hodgson Russ Helps Clients in Largest-Ever False Claims Act Settlement In Risperdal Lawsuits Against Johnson & Johnson

The Justice Department announced that Johnson & Johnson will pay $1.273 billion to the federal government and most states to settle a civil False Claims Act investigation into its off-label marketing of its antipsychotic drug...more

Former ArthroCare CEO and CFO Charged with Securities Fraud, Wire Fraud

On July 16, 2013, the U.S. Department of Justice (DOJ) indicted Michael Baker and Michael Gluk, the former CEO and CFO, respectively, of ArthroCare Corp. – a Texas-based publicly traded surgical device company. Baker and...more

LEGISLATIVE UPDATE: Rep. Zoe Lofgren Proposes New Legislation, Including A Civil Cause Of Action For Trade Secret Misappropriation

We previously reported on the downpour of recent trade secret activity in Congress. Last week, Congresswoman Zoe Lofgren (D-Cal.) added to the deluge by introducing two bills bearing on trade secret misappropriation...more

Outsourcing Company to Pay Record $500 Million Settlement in CityTime Investigation

Science Applications International Corp (SAIC) has agreed to pay more than $500 million in fines and penalties to settle federal charges alleging that the outsourcing company overcharged the city of New York for work and...more

The Rise of the Computer Fraud and Abuse Case

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

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer...more

Will News Corp. Executives and Reporters Be Charged with Criminal Violations of the Computer Fraud and Abuse Act?

The New York Times recently reported that the UK telephone hacking scandal could result in News Corp. and its executives being charged in the United States with criminal violations of the Foreign Corrupt Practices Act, Title...more

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more

Preserving a CFAA Claim When Employees Misappropriate Data

The Computer Fraud and Abuse Act (the “CFAA”) imposes criminal penalties when a “protected computer” is accessed “without authorization.” Because the CFAA applies to any computer used in foreign or interstate commerce,...more

9th Circuit Rules For Employers In Protecting Trade Secrets

More often than not when a management law firm informs its clients of recent case developments, the news is not good. This is an exception. The U.S. Court of Appeals for the 9th Circuit recently decided a case which offers...more

United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

The U.S. Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v. Nosal, Case No. 10-10038...more

How Not to Investigate a Suspected Data Theft

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal...more

“Expert Networks” Under Investigation: Insider Trading Probe Into The Use of Consultants May “Ensnare” Hedge Funds, Mutual Funds,...

The Wall Street Journal reported on November 20 that a far-ranging insider trading probe into the use of outside expert consultants has the potential to “ensnare consultants, investment bankers, hedge-fund and mutual-fund...more

The SEC’s Insider Trading Case Against a Clinical Trial Physician: Lessons For Physicians, Investors, and Public Companies

On November 2, 2010, the Securities and Exchange Commission (“SEC”) brought an action for insider trading against a physician involved in an investigational drug clinical trial based on the alleged use of confidential...more

Advertising Law - July 2, 2009

IN THIS ISSUE: *Olive Garden Asserts It Did Not Pull Letterman Ads *Feds Seize $34 Million From Online Poker Pots *Lawsuit Targets KFC Oprah Promo *Protecting Your Identity Online Can Be An Ongoing Battle *Liquor Ads...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Reminder ? We?ll See You in Chicago on November 20 at the 30th Annual PMA Law Conference *Obama, Democrat Win Could Mean More Ad Rules *After Warning, Starbucks Alters Election Day Promo *Brand Owners...more

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