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Business Torts Science, Computers & Technology Criminal Law

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Aegerion Settles Criminal and Civil Probe of Promotional Practices, REMS and HIPAA Compliance, and Patient Assistance Programs

On September 22, 2017, Aegerion Pharmaceuticals resolved a wide-ranging probe by the Department of Justice (DOJ) regarding the company’s U.S. commercial activities relating to Juxtapid, a lipid-lowering agent for the...more

Pharmaceutical Manufacturers and Healthcare Leaders cite Fraud and Abuse Laws as Obstacle to Value-Based Arrangements

As the healthcare industry moves towards value-based purchasing, pay-for-performance, and other payment reform models, industry leaders have identified federal fraud and abuse laws as a barrier to full implementation of such...more

From New York and Delaware Courts, a Double Blow of Bad News for Sergey Aleynikov

by Zuckerman Spaeder LLP on

Sergey Aleynikov, a former computer programmer at Goldman, Sachs & Co., has been on a legal roller coaster for the past few years. In the span of few days, that roller coaster plummeted steeply—twice. First, on January...more

Health Care Enforcement in 2016: A Look Back on 2015 and Forecasting the Year Ahead

by Mintz Levin on

2015 was a year of transition for the U.S. Department of Justice (“DOJ”), with the installation of a new Attorney General, Deputy Attorney General, and several other high-level officials. In January 2015, Andrew Weissmann...more

Should We Hack Back?

by McDermott Will & Emery on

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

Friends and Family: Keeping Loved Ones Safe from Insider Trading Temptations

by King & Spalding on

The holidays are in full swing, and now is the perfect time for executives to renew their determination to protect family and friends by not sharing work secrets with them, even indirectly or obliquely. Each year,...more

To Catch an E-Thief — Under Federal Property Law

by Dorsey & Whitney LLP on

As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition. The fundamental shift for busi­nesses in the past 15 years from paper documents to computer data has forced the courts...more

SEC – USAO Charge Trader In Analyst Insider Trading Case

by Dorsey & Whitney LLP on

Earlier this month the SEC brought an insider trading case against Zachary Zwerko, a financial analyst at a pharmaceutical company identified only as Pharma Co. SEC v. Zwerko, Civil Action No. CV 8181 (S.D.N.Y. Filed Oct. 10,...more

United States v. China: The Battle over Cyber-Espionage Results in Criminal Charges

by Blank Rome LLP on

For those of us who have been active in cybersecurity, it is a well known fact that the Chinese government, acting through its military, has been the most prolific global perpetrators of cyber-espionage. Over the past several...more

Are High Frequency Traders Playing Fast and Loose With the Rules?

by Ifrah PLLC on

When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. ...more

Hodgson Russ Helps Clients in Largest-Ever False Claims Act Settlement In Risperdal Lawsuits Against Johnson & Johnson

by Hodgson Russ LLP on

The Justice Department announced that Johnson & Johnson will pay $1.273 billion to the federal government and most states to settle a civil False Claims Act investigation into its off-label marketing of its antipsychotic drug...more

Former ArthroCare CEO and CFO Charged with Securities Fraud, Wire Fraud

On July 16, 2013, the U.S. Department of Justice (DOJ) indicted Michael Baker and Michael Gluk, the former CEO and CFO, respectively, of ArthroCare Corp. – a Texas-based publicly traded surgical device company. Baker and...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

The Rise of the Computer Fraud and Abuse Case

by Fenwick & West LLP on

Major changes are in the works for the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. In the past ten years, the CFAA has moved from obscurity into the limelight as Congressional amendments drastically increased its...more

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer...more

Will News Corp. Executives and Reporters Be Charged with Criminal Violations of the Computer Fraud and Abuse Act?

by Nick Akerman on

The New York Times recently reported that the UK telephone hacking scandal could result in News Corp. and its executives being charged in the United States with criminal violations of the Foreign Corrupt Practices Act, Title...more

Privacy? You Don't Got No Stinkin' Privacy!

by Bay Oak Law on

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more

Preserving a CFAA Claim When Employees Misappropriate Data

by Poyner Spruill LLP on

The Computer Fraud and Abuse Act (the “CFAA”) imposes criminal penalties when a “protected computer” is accessed “without authorization.” Because the CFAA applies to any computer used in foreign or interstate commerce,...more

9th Circuit Rules For Employers In Protecting Trade Secrets

by Fisher Phillips on

More often than not when a management law firm informs its clients of recent case developments, the news is not good. This is an exception. The U.S. Court of Appeals for the 9th Circuit recently decided a case which offers...more

United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

by Morgan Lewis on

The U.S. Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v. Nosal, Case No. 10-10038...more

How Not to Investigate a Suspected Data Theft

by Nick Akerman on

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal...more

“Expert Networks” Under Investigation: Insider Trading Probe Into The Use of Consultants May “Ensnare” Hedge Funds, Mutual Funds,...

by Ropes & Gray LLP on

The Wall Street Journal reported on November 20 that a far-ranging insider trading probe into the use of outside expert consultants has the potential to “ensnare consultants, investment bankers, hedge-fund and mutual-fund...more

The SEC’s Insider Trading Case Against a Clinical Trial Physician: Lessons For Physicians, Investors, and Public Companies

by Ropes & Gray LLP on

On November 2, 2010, the Securities and Exchange Commission (“SEC”) brought an action for insider trading against a physician involved in an investigational drug clinical trial based on the alleged use of confidential...more

Advertising Law - July 2, 2009

IN THIS ISSUE: *Olive Garden Asserts It Did Not Pull Letterman Ads *Feds Seize $34 Million From Online Poker Pots *Lawsuit Targets KFC Oprah Promo *Protecting Your Identity Online Can Be An Ongoing Battle *Liquor Ads...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Reminder ? We?ll See You in Chicago on November 20 at the 30th Annual PMA Law Conference *Obama, Democrat Win Could Mean More Ad Rules *After Warning, Starbucks Alters Election Day Promo *Brand Owners...more

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