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On June 3, 2021, the United States Supreme Court issued a 6-3 opinion in Van Buren v. United States, No. 19-783, resolving the circuit split regarding what it means to “exceed[] authorization” for purposes of the Computer Fraud and Abuse Act (CFAA). The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to “exceed authorization,” and the statute does not — as the government had argued — cover behavior, like Van Buren’s, where a person accesses information which he is authorized to access but does so for improper purposes. This was a long-awaited decision interpreting the CFAA, which has become an important statute in both criminal and civil enforcement relating to computer crime and hacking.
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Restitution Rights for Victims of White-Collar Crime
By Seth Farber, Marcelo Blackburn and Sarah Viebrock
However, when corporate misconduct rises to the level of a crime, and when that crime results in a federal criminal conviction, victims have an alternative: an order of restitution as part of the corporate defendant’s criminal sentence. As discussed below, victims enjoy several strategic advantages in a restitution proceeding that they do not in civil litigation.
SPAC Transaction Challengers Face Uphill Battle
By Jay A. Dubow, Joanna J. Cline and Erica H. Dressler
Recent decisions by the Delaware Court of Chancery demonstrate that when a special purpose acquisition company (SPAC) transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
DOJ and States Open Antitrust Case Against Google for Monopolizing Internet Search Market
By Jimmy Hoover
The U.S. Department of Justice and dozens of states opened their antitrust case against Google in Washington last month, accusing the tech giant of illegally monopolizing the internet search and related ad markets.
SEC Sued Over Private Fund Adviser Rule
By Maydeen Merino
The Managed Funds Association and five other industry groups have sued the SEC over its new private fund advisers rule, saying the agency has overreached its statutory authority and interferes with contracts.
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