Asserting Damages for Data Piracy Under the CFAA
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Do Your Employment Practices Violate Antitrust Law?
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
In the Courts
Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.
State of the Industry: E-Discovery and Cybersecurity
<b><i>The Future State of the E-Discovery Job Market Will Be Cloud and Contract Staffing</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>If the history of e-discovery is the future of cybersecurity, then what should one expect for the future of e-discovery? How long will the current period of consolidation continue? What will be the next chapter in e-discovery's never-ending reinvention? How closely will the next 10 years of cybersecurity job trends mirror e-discovery's past?
Defamation and the Disgruntled Defendant
<b><I>Anti-SLAPP Legislation and the Defamation Claim</I></b><p><b><I>Part Two of a Two-Part Article</I></b><p>In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.
Healthcare Bankruptcy: Not Garden-Variety
For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.
