Theft

News & Analysis as of

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

Ex-SanDisk Employee Arrested In Japan, Civil Suits Filed In The Wake Of Alleged Flash Memory Trade Secrets Misappropriation

Technology firms SanDisk and Toshiba recently filed trade secrets lawsuits on opposite sides of the Pacific, each alleging misappropriation by a third party stemming from the two companies’ joint venture....more

Back From The Dead? Senator Wants To Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation. Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and...more

Ever Lost -- or Worse Yet, Had Stolen -- a Smart Phone, Laptop, Tablet, Etc.?

Many of us have been focused on cyber-security, especially in the wake of the recent data breaches over the holidays, among other things. Two Maryland Law Enforcement Officers are leveraging the power of social media and the...more

Taking Documents To Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate...

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents...more

Your Trade Secrets May Be Vulnerable to “Legal” Theft

As in-house counsel, how would you like to tell your CEO: “While our customer lists, pricing information, and business processes are trade secrets, we can’t sue the independent contractor who stole them because we did not do...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

Employee Theft of Employer Documents—Protected Conduct in Opposition to Discrimination or Criminal Activity?

From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or...more

Did You Do Enough to Protect Your Trade Secrets?

On January 21, 2014, Mozaffar Khazaee, a naturalized American who maintained dual citizenship with his native Iran, was indicted in Connecticut on two counts of interstate transportation of stolen property, which carries with...more

Lost Or Stolen: Liability For Unauthorized Credit Card Charges

On a brisk January day, Mary A. Richman opened her mailbox and was confronted with the sobering sight of thick envelopes from Visa, American Express and MasterCard each containing a month’s worth of extravagant Christmas...more

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

Stolen Thumb Drive Sets HIPAA Precedent

A Massachusetts dermatology practice, Adult & Pediatric Dermatology, P.C. ("APDerm") recently agreed to pay $150,000 to settle potential violations of HIPAA Privacy, Security, and Breach Notification Rules. The settlement was...more

Settling With A Fraudulent Employee: Will You Be The Next Defendant?

A recent Ontario decision dealt with the issue of liability as between two defrauded employers: is a past (former) employer liable to a new employer when a fraudulent employee steals money from the latter to satisfy its debt...more

Dermatology Practice Agrees to Settlement in Connection with HIPAA Breach

A Massachusetts-based dermatology practice recently agreed to pay $150,000 to settle claims that it failed to have sufficient policies and procedures in place to address a breach notification requirement under the HITECH Act....more

Scrap Metal Dealers Act 2013

On 1 December 2013 the Scrap Metal Dealers Act 2013 (the “Act”) came into force in England and Wales. The Act aims to combat the recent increase in metal theft which is being spurred on partly by rising commodity costs. The...more

Trending Issues in the Prosecution of Trade Secret Theft

A year ago, we reported on a recent important change to the Economic Espionage Act (“EEA”), making the theft, transmission, or receipt of trade secrets a federal crime. The change clarifies that the EEA does not only apply to...more

Latest Thefts Illustrate New Wrinkle In Florida Elder Abuse

The suspicions of a Vicksburg-area nursing home administrator were recently piqued when she noticed a debit for an expensive pair of jeans on one of the resident’s trust accounts. Beyond the fact that it did not seem like a...more

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

The “I Was Just Trying To Land A New Job” Defense To Criminal Trade Secret Theft Charges

On February 28, 2008, Hanjuan Jin, a Chinese-born former software engineer for Motorola, arrived at Chicago O’Hare Airport en route to Beijing. During a random customs check, officials discovered that she had a one-way...more

Triaging Trade Secret Theft

As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and...more

Copying the Place for Fun in Our Life – the Mall of America

Once again, a story from China suggests that imitation is the highest form of flattery. First, it was copying Apple stores. Now, it’s copying for an entire mall – and the most well-known American mall of all at that, the...more

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

CIS Legal Update - September 2013: Russia Joins the Fight Against Online Piracy

In response to mounting global pressure to implement effective legislation to curb Russia’s rampant online piracy, the President of Russia on July 2, 2013 signed Federal Law No. 187-FZ “On Amendments to Certain Legislative...more

Alberta Court Of Appeal Reverses The Burden Of Proof For Employee Theft

The Alberta Court of Appeal recently considered and clarified the nature of the relationship between employers and the employees they entrust with handling funds. As a result of the decision in 581257 Alberta Ltd. v Aujla,...more

UPDATE: Sur-Sur-Sur Reply Highlights The Short Arm Of U.S. Law In Trade Secret Theft

A few months ago, we discussed the federal government’s difficulties prosecuting foreign companies and individuals for theft of U.S. trade secrets. We highlighted three cases in which foreign defendants effectively stalled...more

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