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Printing Hard Copies Of Stolen Source Code: The Difference Between Freedom And Incarceration In The Second Circuit

Whenever an appeals court kicks off a 65-page opinion by describing you (or your client) as a thief, and posits that the question before it is whether you’ve been properly convicted of thievery, you know you’re in trouble. ...more

The Conflicting Rules on Employee Data Theft

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

Police Unit for Online Piracy Established (United Kingdom)

Lord Younger, in his capacity as Intellectual Property Minster, has announced that a new IP police unit is to be created by September of this year. ...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

Pols Gone Wild: Congress Discovers Trade Secret Theft And Cybersecurity Are Problems; We Sort Through The Explosion Of Legislation

Trade secret theft and cybersecurity are hot topics in Congress these days, spawning legislative initiatives left and right....more

Global Connection - May 2013: Counterfeit Electronic Components in the Supply Chain—Avoiding and Coping with U.S. Customs...

On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more

The Real Lesson of Chinese Cyberhacking

There’s been a lot of news lately about the Chinese military allegedly launching cyber attacks to steal U.S. trade secrets. This has gotten people riled up, including the President of the United States, who issued a 5-point...more

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

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