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|Texas High Court Finds Texas Uniform Trade Secrets Act Can Exclude Opposing Party from Injunction Proceedings|
Thomas F. Allen, Joseph M. (Joe) Beauchamp, Keith B. Davis, Richard J. (Jay) Johnson, Robert W. (Bob) Kantner; Jones Day;
June 13, 2016, previously published on May 2016On May 20, 2016, the Texas Supreme Court issued its first decision interpreting the Texas Uniform Trade Secrets Act. In In re M-I, LLC, an opinion with significant implications, the Supreme Court held that a trial court may exclude a party's corporate representative from preliminary injunction...
|U.S. and China Agree to Collaborate in Addressing Cyber Theft Scourge|
Richard J. (Jay) Johnson, Michael R. La Marca, Mauricio F. Paez; Jones Day;
October 6, 2015, previously published on September 2015The United States and China announced on September 25 that they had reached a "common understanding" to combat "cyber-enabled theft of intellectual property." While the joint statement and accompanying White House Fact Sheet was short on details, President Obama and President Xi...
|Third Circuit Affirms the FTC's Authority to Regulate and Enforce Data Security|
Richard J. (Jay) Johnson, Todd S. McClelland, Daniel J. (Dan) McLoon, Michael G. (Mike) Morgan, Jeff Rabkin; Jones Day;
September 1, 2015, previously published on August 2015In FTC v. Wyndham Worldwide Corp., No 14-3514, -- F.3d-- (3d Cir. Aug. 24, 2015), the Third Circuit issued an important decision affirming a United States District Court of New Jersey ruling that the Federal Trade Commission ("FTC") has authority under Section 5 of the Federal Trade...
|State of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 27, 2015, previously published on January 2015In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...
|FINRA and SEC Issue Cybersecurity Reports Identifying Common Industry Practices|
Kyle T. Barrett, Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 26, 2015, previously published on February 2015New reports by the Financial Industry Regulatory Authority ("FINRA") and the SEC's Office of Compliance Inspections and Examinations ("OCIE") highlight the increased regulatory focus in the financial sector on cybersecurity. Both reports merit industry attention.
|President Signs End-Of-Year Cybersecurity Legislation Into Law|
Nandini Iyer, Richard J. Johnson, Gabriel Morris Ledeen, Mauricio F. Paez, Katherine S. Ritchey; Jones Day;
February 25, 2015, previously published on December 2014On December 18, 2014, President Obama signed into law five cybersecurity-related bills that address concerns recently brought to the forefront by highly publicized intrusions into public and private networks.
|TCPA Plaintiff Gave Consent to Calls Based on Prior Class Action Settlement|
William F. Dolan, Gregory R. Hanthorn, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott; Jones Day;
February 25, 2015, previously published on December 2014A recent case highlights the importance of carefully drafting settlement agreements. In that case, a federal district court judge held that a prior class action settlement precluded the plaintiff from filing released claims in a new lawsuit under the Telephone Consumer Protection Act...
|TCPA Reform Heats Up: Opt Out Required for Solicited Faxes, and a Court Decision Pulls Back on Autodialers|
William F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on November 2014As previewed this summer, topics related to the Telephone Consumer Protection Act ("TCPA") appear to be ripe for reform at the Federal Communications Commission ("FCC") and beyond. Two recent decisions, one by the FCC and another by a U.S. District Court in the Southern District...
|FCC Issues Massive $10 Million Fine in its First-Ever Data Security Enforcement Action|
Michael F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014The Federal Communications Commission ("FCC") voted on October 24, 2014 to pursue fines of $10 million against two companies for alleged violations of laws protecting the privacy of telephone customers' personal information. This is the second major enforcement action the FCC has taken to...
|Backoff Point-of-Sale Malware: Here We Go Again|
Richard J. Johnson, Mauricio F. Paez; Jones Day;
August 5, 2014, previously published on August 2014The Secret Service, the National Cybersecurity and Communications Integration Center, and others announced yesterday in a US-CERT Alert (available at www.us-cert.gov/ncas/alerts/TA14-212A) that recent investigations have revealed the use by malicious actors of malware—dubbed Backoff...