News & Analysis as of

Financial Institutions Council Publishes Statement On Hacker Extortion

Amid the recent increase in hacker extortion cases, the Federal Financial Institutions Examination Council (“FFIEC”) issued a statement on November 3 (the “Statement”) describing steps financial institutions should take to...more

FFIEC Warns of Increase in Cyber Attacks Involving Extortion, Encourages Financial Institutions to Develop Response Programs

Last week, the Federal Financial Institutions Examination Council (FFIEC) issued a joint statement warning of an “increasing frequency and severity of cyber attacks involving extortion.” The statement warned that criminals...more

FFIEC Issues Joint Statement Regarding Cyber Attacks Involving Extortion

On November 3, the FFIEC issued a statement notifying financial institutions of the increasing frequency and severity of cyber attacks involving extortion. The joint statement urges financial institutions to take steps to...more

DOJ Announces Sentencing of Former DEA Agent for Criminal Involvement in Silk Road Investigation

On October 19, the DOJ announced that a former DEA agent was sentenced to 78 months in prison for crimes he committed while working as an undercover agent in the Silk Road investigation. On July 1, the former DEA agent...more

Purchasing Cyber Insurance? Important Considerations from the Recent Nossaman/ UCI Cyber Symposium

On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more

Ferrum Ferro Capital Files Motion to Strike Allergan's Complaint Alleging Misuse of IPR Process

In June, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort...more

Political Logrolling Approved by Seventh Circuit

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit...more

Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more

Allergan Fights Back, Files Complaint Against Venture Fund That Filed IPR Petition

Last month, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort...more

Lines Crossed: From Enforcing to Breaking the Law

Silk Road was a notorious black market for narcotics that used seemingly untraceable digital currencies (i.e., Bitcoins) to facilitate illegal activities on the “dark web.” Last week, former Drug Enforcement Agency (“DEA”)...more

Structuring Trips Up Speaker Hastert

Former Speaker of the United States House of Representatives Dennis Hastert entered the well of a courtroom in the Northern District of Illinois earlier this week to enter a plea of not guilty to charges that he structured...more

Money, Dirt & Steel: Spring 2015 NC Real Property Litigation Update

MONEY: GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES - By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more

Cyber Extortion: What to Do When Your Data is Being Held for Ransom

Imagine you are the IT systems administrator of a large corporation. Coffee in hand, you sit down one morning and log in. You receive a message that there has been an intrusion into the corporate database, a large amount of...more

A Winnable Fight Against Crimes In Cyberspace

California boldly made an example out of a felonious website owner who operated a website dedicated to shaming, embarrassing and harassing complete strangers. Following the first ever prosecution of the operator of a “revenge...more

Sony vs. N. Korea – Let Capitalism Fight Totalitarianism!

Cyber terrorism, North Korea, Sony, extortion, free speech, The Interview, international relations, journalistic ethics, cyber security… can it get any better than this?...more

Hospital’s Extortion & Fraud Too Quick to Violate RICO

Danielle Bennion and her co-plaintiffs filed a RICO (Racketeer Influenced & Corrupt Practices Act) action alleging that Mountain View Hospital and co-defendants engaged in a plan of extortion and wire fraud for the purpose of...more

We Have Your Data. Pay Up or Else…

You wake on a Tuesday morning expecting to have an average day at work. You are skimming through the emails that came in while you were asleep, when you notice an email from one of your employees. He is not only giving his...more

Leroux: CRA Owes Duty Of Care To Taxpayer

Can a Canadian taxpayer successfully sue the Canada Revenue Agency? - In recent years, taxpayers have brought a number of civil actions against the Canada Revenue Agency (the “CRA”). The allegations in such cases...more

Things To Avoid When You Leave Your Job: Using Drone Trade Secrets To Blackmail Your Former Employer

Trade secrets cases in the employment context usually provide valuable lessons on what not to do when leaving a job. The recent conviction of Stephen Marty Ward by a Washington federal jury imparts one such lesson...more

NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The...more

Bolivian Anti-corruption Chief's Extortion Conviction Shows How INTERPOL Red Notice Abuse Can Arise

Humberto Roca's story may seem unusual to Western minds, but it is all too familiar in the world of INTERPOL abuse. Roca was the owner of a Bolivian airline company called Aerosur Airlines, and as a wealthy business owner...more

Miami Arrest of Bolivian Anti-Corruption Head Vindicates Former Aerosur Owner, Says Attorney Michael Diaz Jr.

Miami, Florida – The FBI arrest Saturday, Aug. 31, of Mario Fabrizio Ormachea, the colonel leading Bolivia’s Anti-Corruption Unit, for attempting to extort money from former Aerosur Airlines owner Humberto Roca, [United...more

It’s hard to make this stuff up

Michael Rynowecer writes as “The Mad Clientist” and his latest post, Outtakes for the Client Service Laboratory makes you wonder just what kind of drug-induced haze so many seem to live in. Take these two examples...more

Solicitor General Tells Supreme Court that Legal Advice is Property

Is the advice of an attorney intangible property that can be taken by taken by extortion under the Hobbs Act? On April 23, 2013, this precise question was presented to the Supreme Court of the United States during oral...more

Occupational fraud involves a personal breach of trust

Ed. Note-today we are pleased to begin a three part guest series from our colleague Mary Shaddock Jones. My husband, Brian R. Jones, is a CPA, a Certified Fraud Examiner and a member of the Association of Certified...more

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