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McDermott Will & Schulte

Paint It White: No Sovereign Immunity in Economic Espionage Case

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy...more

McDermott Will & Schulte

Despite Appeals Win, Google Agrees To Eur 1B Settlement To Avoid Criminal Prosecution

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The Paris Court of Appeal affirmed that Google Ireland does not have a French permanent establishment in a high-profile tax controversy over a double Irish arrangement. But with independent criminal proceedings for tax...more

McDermott Will & Schulte

Second Circuit Declines to Limit FCPA's Scope

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The Second Circuit’s decision in United States v. Ng Lap Seng is a win for the government, because it reinforces the broad reach and scope of the Justice Department’s enforcement of the FCPA. When adopting and implementing an...more

Eversheds Sutherland (US) LLP

The Second Circuit holds “Official Act” not required for FCPA cases 

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On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more

Littler

Data Breach in the UK: Can a Rogue Employee Leave You on the Hook?

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A supermarket chain in the United Kingdom has been all over the press after it was held liable for a data breach by a rogue employee. This article analyzes the appellate court’s judgment to set out what it means for employers...more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

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On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

Fenwick & West LLP

Appellate Court Rules IT Worker Liable Under CFAA for Sabotaging Employer's Network

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The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer’s network, rejecting the argument that an IT worker’s authorized access to...more

Zuckerman Spaeder LLP

A Bitter Pill for Ex-Rite Aid GC: Delaware Court Finds His 2015 Suit for Indemnification Untimely

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Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more

Cozen O'Connor

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

Cozen O'Connor on

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

Seyfarth Shaw LLP

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

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In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

Akerman LLP - Marks, Works & Secrets

When Theft is not a Federal or State Crime

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In the most recent ruling in a lengthy and procedurally complex criminal case, a New York trial court dismissed a computer programmer’s criminal conviction under New York’s Unlawful Use of Secret Scientific Material law for...more

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