News & Analysis as of

Asset Seizure

Judicial Guidance about "Perfection by Possession" under Australia's Personal Property Securities Act

by Jones Day on

The Federal Court of Australia has provided judicial guidance about what constitutes taking possession by seizure under the Personal Property Securities Act 2009 (Cth) ("PPSA"). Knauf Plasterboard Pty Ltd v Plasterboard West...more

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations?

On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more

The IRS Has a Lien Against Me: What Do You Do? Tax Lien Release and Discharge (Part 6)

by McNair Law Firm, P.A. on

Where an individual or business owes IRS taxes, Congress has given the IRS a tax lien against all the assets of the taxpayer. The lien covers real estate, homes, furniture, cars, investments, and nearly everything an...more

New executive order targets Venezuela’s access to U.S. financial markets

by Hogan Lovells on

Effective August 25, 2017, President Trump issued a new Executive Order, (the Order), which targets the Government of Venezuela’s (GOV) and Petroleos de Venezuela, S.A.’s (PdVSA) ability to access capital from the United...more

FDA Seizes Stem Cell Therapy—A First of Many?

by Hogan Lovells on

On August 25, 2017, U.S. Marshals Service, at the request of FDA, seized five vials of ACAM20000—a smallpox vaccine containing live vaccinia virus (cow pox), which is reserved for people at high risk of contracting the...more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

Three Urgent Questions to Ask When Trade Secrets Migrate Across Borders

by Kobre & Kim on

Today’s employees can quickly become tomorrow’s trade rivals. Seamless information-sharing among an increasingly global workforce is great — until key knowledge lands in competitors’ hands. It may be tempting for teams and...more

New DOJ Policy Likely To Result In Increase In Forfeitures

by Jackson Lewis P.C. on

Attorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. The new policy, issued on July 19, 2017, is...more

DOJ Turns Up the Heat on Asset Forfeitures

by Ward and Smith, P.A. on

Last week, Attorney General Jeff Sessions announced that the United States Department of Department ("DOJ") is returning to its past practice of aggressively pursuing asset forfeiture cases and sharing the proceeds of those...more

Lessons in Civil Forfeiture and Attachment: U.S. May Seize 650 Fifth Avenue

by Ballard Spahr LLP on

On June 29, dual trial verdicts in the Southern District of New York paved the way for the government to seize 650 Fifth Avenue, a 36-story building in Manhattan valued at up to $1 billion (“the Property”). The defendants,...more

30-Day Vehicle Impoundment is a Seizure Requiring Fourth Amendment Compliance - Federal Appeals Court Reinstates Class Action...

by Best Best & Krieger LLP on

A 30-day impoundment of a vehicle pursuant to California Vehicle Code section 14602.6(a)(1) triggered Fourth Amendment concerns, a federal appeals court has ruled. In deciding Brewster v. Beck last week, the U.S. Ninth...more

Emerging Issues In the Defend Trade Secrets Act’s Second Year

by Seyfarth Shaw LLP on

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for...more

Courts Still Heavily Favor Rule 65 TROs Over DTSA Ex Parte Seizures

The Defend Trade Secrets Act of 2016 was signed into law by President Obama on May 11, 2016. While the DTSA has been on the books for over a year, relatively few courts have addressed the ex parte seizure provision and even...more

It’s Inevitable: Pleading Trade Secret Misappropriation Under the Defend Trade Secrets Act of 2016

by K&L Gates LLP on

The Defend Trade Secrets Act (“DTSA”), enacted on May 11, 2016, provides the first private federal cause of action for trade secret misappropriation and allows employers whose trade secrets have been misappropriated to head...more

Pennsylvania Supreme Court Strengthens Protections For Property Owners In Landmark Civil Forfeiture Decision

by Ballard Spahr LLP on

Elizabeth Young is a 72-year-old grandmother whose home and car the government sought to forfeit based on several relatively minor drug sales her adult son conducted out of the house and car. Young fought the forfeiture and...more

The Defend Trade Secrets Act one year in – four things we've learned

by DLA Piper on

One year has passed since the Defend Trade Secrets Act (DTSA) was enacted, providing a new federal cause of action for trade secret misappropriation and new remedies to trade secret owners. In that time, what have we learned?...more

5 Lessons Learned as the Defend Trade Secrets Act Turns One

by Latham & Watkins LLP on

While courts only sparingly grant ex parte seizures under the DTSA, the availability of federal jurisdiction and extraordinary remedies may be enhancing enforcement efforts. The Defend Trade Secrets Act of 2016 (DTSA) was...more

USPTO’s Second Trade Secrets Symposium Looks Back on First Year of DTSA and Ahead Toward Challenges of International Trade Secrets...

On May 8, 2017, the United States Patent and Trademark Office hosted its second event on trade secrets. When we covered the USPTO’s inaugural trade secrets symposium held in January 2015, there was a palpable sense among DC...more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

by Holland & Knight LLP on

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a...more

Brunswick Rail Wins Emergency Evidence Protection in Trade Secret Case Against Former Employees

by Zapproved LLC on

OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence...more

Civil Forfeiture Under Fire – Part II

by Ballard Spahr LLP on

In this post, we consider the Department of Justice’s (DOJ) Office of the Inspector General report (OIG Report), released on March 29, 2017, evaluating the DOJ’s oversight of its cash seizure and forfeiture operations. This...more

Civil Forfeiture Enforcement Under Fire – Part I

by Ballard Spahr LLP on

Forfeiture actions by Internal Revenue Service Criminal Investigation (IRS CI) based on alleged structuring activity have come under fire, yet again. Specifically, the Treasury Inspector General for Tax Administration (TIGTA)...more

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

by Hogan Lovells on

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the...more

A Key Difference Between the DTSA and UTSA: “Continued Misappropriation” Continues to be a Viable Claim

by Fisher Phillips on

The Defend Trade Secrets Act (“DTSA”), unapologetically, was modeled after the Uniform Trade Secrets Act (“UTSA”) in many respects. For background, the DTSA is the federal statute, enacted in 2016, that creates a federal...more

Lettre d’actualité IPMT: #14 - March 2017

by Hogan Lovells on

Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des...more

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Cybersecurity

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