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HTMLNo Expansion of CFAA Liability for Monetary Exploit of Software Bug
Jeffrey D. Neuburger; Proskauer Rose LLP;
Legal Alert/Article
November 15, 2013, previously published on November 13, 2013
In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200" card. By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was...


HTMLFBI Prohibited From Issuing National Security Letters
Steven J. Bonafonte, Alex V. Hernandez, Timothy G. Ronan, James T. (Tim) Shearin; Pullman & Comley, LLC;
Legal Alert/Article
April 5, 2013
In a detailed opinion issued just this month, the U.S. District Court for the Northern District of California struck down an oft-used FBI counterterrorism tool. Under the statute at issue, the FBI has issued tens of thousands of so-called National Security Letters (“NSLs”) to ECSPs -...


HTMLSupreme Court's New Ruling May Bolster Defense of Data Breach and Privacy Cases
Anjali C. Das, Christina L. Talamonti; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 28, 2013, previously published on March 25, 2013
In Clapper v. Amnesty International, 568 U.S. 2013, the United States Supreme Court upheld the strict requirements under Article III for a plaintiff to have standing to sue in privacy cases. Rejecting Respondents' arguments as too speculative, the Court held that for future harm to constitute...


HTMLCyber Crimes: What You Need to Know About Risk Management & Insurance
Jack Montgomery; Bernstein Shur;
Legal Alert/Article
June 23, 2012, previously published on June 20, 2012
The impact and skyrocketing costs of cyber crimes can be devastating to businesses. According to a recent study*, the cost to clean up after an attack ballooned from $247,744 to $417,748 from 2010 to 2011. Despite enormous resources devoted to combating cyber crimes, incidents continue to grow and...


HTMLDOJ's Reversal on the Wire Act - What It Means for Internet Gaming
J. Daniel Walsh; Greenberg Traurig, LLP;
Legal Alert/Article
January 3, 2012, previously published on December 28, 2011
On Friday, December 23, 2011, the Department of Justice (DOJ) released for the first time a memorandum signed by Virginia A. Seitz, the Assistant Attorney General for the Criminal Division, dated September 20, 2011, responding to two different inquiries — one from two state lotteries and one...


HTMLLie about Your Age...Steal A Trade Secret...It's All Criminal.
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
November 21, 2011, previously published on November 20, 2011
Could it possibly be equally as unlawful to lie about your age as it is to download trade secrets from your employer's computer? Some say that both may constitute a violation of the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), and therefore the statute must be...


HTMLWire Transfer Fraud in Massachusetts: Basic Risk Allocation Principles
Sally Fitch LLP;
Legal Alert/Article
November 17, 2011
Fraudulent wire transfers initiated by sophisticated cyber criminals pose a significant risk to businesses and financial institutions. Technologically savvy fraudsters can steal confidential information through a variety of mechanisms, including malicious software installed on an unwitting victim's...


Adobe PDFE-Discovery in Criminal Investigations
Therese Craparo, Patrick Kellermann, Michael E. Lackey, Michelle N. Webster; Mayer Brown LLP;
Legal Alert/Article
October 3, 2011, previously published on September 2011
A senior corporate executive is under investigation by the Department of Justice for accounting fraud. In the course of discovery, he learns that the investigators and prosecutors secured a warrant to seize a large number of personal emails from an Internet-based electronic mail service. The...


HTMLThe Legalities of Urban Exploration
Matthew Harrison; Harrison Legal Group;
Legal Alert/Article
September 2, 2011, previously published by The Advocate on July 14, 2009
One of the most asked about topics surrounded the legality of photography while urban exploring, or more simply: can I use the images that I took while breaking into that abandoned building? Seems that even though they are training to be professional photographers (who primarily shoot in studios) -...


Adobe PDFPreparing for Canada’s New Anti-Spam and Online Fraud Act
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
April 19, 2011, previously published on April 11, 2011
Canada’s new anti-spam and online fraud act (Bill C-28), expected to be in force in Fall 2011, creates a comprehensive regime of offences, enforcement mechanisms, and potentially severe penalties (including personal liability for corporate directors and officers) designed to prohibit...


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