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Federal Law Provides Enhanced Trade Secret Protection for Employers

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

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

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...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

New Zealand Court Hands U.S. a Victory in Kim Dotcom Piracy Case

A year ago, we wrote about the indictment in the Eastern District of Virginia of the executives and founders of Megaupload, one of the leading file-hosting sites on the Web. The charges were copyright infringement through the...more

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the...more

The Storm Has Arrived: Cybersecurity, Risks And Response

Every day the headlines report another Fortune 500 company suffering a hacking incident. For companies, the hack itself creates substantial risks of economic devastation caused by the theft of valuable trade secrets. Add to...more

APT Threat Report Shows Cybersecurity Risks Not Limited to Identity Theft

We often talk to companies who believe they are an unlikely target for hackers because they do not have financial account information, Social Security numbers, or medical information. However, personal information is not the...more

The Rising Threat Of Trade Secrets Theft

One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more

February 2013: Japan Litigation Update

In This Issue: - Japanese Court’s Ruling Limits Scope of Contributory Infringement in Pharmaceutical Patents - Criminalization of Illegal Music and Video Downloads....more

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

We have previously reported in this space about the use of domain name seizures by American law enforcement. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other...more

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

In the summer of 2009, in an office at Goldman Sachs, in the waning hours of his last day of employment, a computer programmer named Sergey Aleynikov encrypted more than 500,000 lines of source code from Goldman’s proprietary...more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

China, Other Nations Need to Crack Down on Software Piracy

Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for...more

High Court May Rule on Computer Law Question

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

September 2012: Internet Litigation Update

In This Issue: - Internet Retransmission of Television Broadcasts Approved: Judge Alison Nathan of the Southern District of New York ruled on July 11, 2012, that the Internet retransmission of over-the-air...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

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

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

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

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

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

Is Computer Fraud and Abuse Act for Hackers Only? Ninth Circuit Says Yes, and Supreme Court May Have to Make Final Call

Employers looking to hold employees liable for misappropriation of trade secrets or violations of company computer policies under the Computer Fraud and Abuse Act may have to find another avenue for relief. At least that's...more

The Ninth Circuit Weighs In on the Scope of Liability Under the CFAA

On April 10, 2012, the United States Court of Appeals for the Ninth Circuit issued its decision en banc in United States of America v. David Nosal, rejecting the notion that employees who breach their employers’ computer use...more

Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from...more

En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review

Employers and website hosts cannot, by contractually limiting how individuals may use information stored on their networks, define acceptable limits of access ‘‘authorization’’ under the Computer Fraud and Abuse Act, the U.S....more

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