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HTMLFCRA Alert: FTC Settles Civil Investigation of Criminal Background Screeners with Consent Order
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article
May 6, 2013, previously published on May 2, 2013
In recent enforcement actions, the Federal Trade Commission (FTC) continues to show its regulatory teeth in the FCRA arena. On April 30, 2013, the FTC settled charges against two criminal record vendors, Filiquarian Publishing LLC and Choice Level LLC, as well as their CEO Joshua Linsk, for various...


HTMLCalifornia Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act
Emily Westridge Black, Ronald W. Breaux, Timothy Newman; Haynes and Boone, LLP;
Legal Alert/Article
April 19, 2013, previously published on April 17, 2013
The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse...


HTMLCloud Computing with Export-Controlled Data
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
April 15, 2013, previously published on March 12, 2013
Security and privacy are the most frequently expressed concerns about cloud computing (defined for this article to include software as a service, platform as a service and storage as a service), but for companies that engage in research, design, development, manufacturing and servicing of items...


HTMLApps on Smart Devices and Data Protection: February 27, 2013 Opinion of the Article 29 Working Party Provides Valuable Guidance
Crowell Moring LLP;
Legal Alert/Article
April 3, 2013, previously published on March 28, 2013
Apps on mobile devices collect large quantities of data from the device and process these (i) in order to provide services to the end-user, but also (ii) for other purposes that are often unknown or unwanted by the end-user. Many of the data processed, such as location data, contact data, unique...


HTMLThe Hazard of Having a Dominate Customer (And How to Keep Your Biggest Customer From Controlling You)
Michael Lasky; Burr & Forman LLP;
Legal Alert/Article
March 18, 2013, previously published on March 14, 2013
Let’s suppose you want to break Apple’s grip on the smart phone market. So you build a similar operating system and give it away to everyone for free (keeping the right to advertising revenue, of course). It works spectacularly. You beat Apple at its own game but then, just when you...


HTMLCIPO Issues Examiner Guideline for Computer-Implemented Inventions (PN 2013-03)
Bennett Jones LLP;
Legal Alert/Article
March 18, 2013, previously published on March 14, 2013
After some prior iterations and commentary from the patent bar, the Canadian Intellectual Property Office (CIPO) published a practice note dealing with computer-implemented inventions on March 8, 2013. The practice note is meant to clarify the position of Examiners in light of the recent


Adobe PDFSoftware Copyright - New Developments in the UK
Mayer Brown LLP;
Legal Alert/Article
March 11, 2013, previously published on February 2013
The UK Courts have recently decided a high-profile software copyright case, following clarification on some key issues from the European Court. The SAS Institute case examines whether software programming languages, data file formats and other program elements are protected by copyright.


HTMLHow to Be Anti-Troll Without Being Antitrust
Dinsmore Shohl LLP;
Legal Alert/Article
March 11, 2013, previously published on March 5, 2013
The U.S. District Court for the Northern District of California recently addressed whether a “patent aggregator” (a.k.a. “anti-troll”), which is an organization formed by operating companies to protect against “non-practicing entities” (NPEs, a.k.a. “patent...


HTMLTexas Executive Convicted of Hacking Former Employer’s Computer Network
Haynes Boone LLP;
Legal Alert/Article
March 8, 2013, previously published on March 6, 2013
A federal jury in the Northern District of Texas has convicted Michael Musacchio, a former logistics company executive, of violating the federal Computer Fraud and Abuse Act. The evidence presented at trial showed that Musacchio engaged in a conspiracy to hack into his former employer’s...


HTMLCBP Issues Guidance on Country of Origin
Drinker Biddle Reath LLP;
Legal Alert/Article
March 7, 2013, previously published on February 22, 2013
Despite software’s intrusion into almost every aspect of our lives, U.S. Customs and Border Protection (CBP) has issued very little guidance on how to determine a software’s country of origin, particularly in situations where a substantial transformation may have occurred. CBP guidance...


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