Searching Content indexed under Criminal Law by Fenwick & West LLP ordered by Published Date Descending.
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SEC And DOJ Charge Former Executives Of Private Company For Misrepresenting The Company's Technology
A Reminder that Private Companies Face Government Scrutiny of Their Public Statements.
United States
22 Feb 2019
Fake Specimens: USPTO Pilot Program Helps Tackle Fraudulent Filings
The U.S. Patent and Trademark Office recently launched a pilot program to address an increasing number of altered or fabricated specimens submitted with use-based trademark applications.
United States
5 Nov 2018
Federal Circuit Panel Holds Trade Secret Disgorgement Of Profits Must Be Awarded By Judge, Not Jury
In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits ...
United States
18 Jul 2018
Appellate Court Lowers Pleading Requirements For Standing In Optometrists' Data Breach Suit
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish ...
United States
4 Jul 2018
Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing.
United States
13 Mar 2018
Appellate Court Rules IT Worker Liable Under CFAA For Sabotaging Employer's Network
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer's network...
United States
22 Dec 2017
Appellate Court Rules IT Worker Liable Under CFAA For Sabotaging Employer's Network
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer's network, rejecting the argument ...
United States
20 Dec 2017
Martin Shkreli Convicted On Three Of Eight Counts Of Securities Fraud
On Friday, August 4, 2017, a federal court jury in Brooklyn, New York, found Martin Shkreli, former CEO of biopharmaceutical company Retrophin, guilty on three of eight counts of securities fraud.
United States
16 Aug 2017
Grand Jury Indicts Startup Founder Isaac Choi – Implications For Silicon Valley
On June 7, the U.S. Department of Justice arrested Isaac Choi, the founder and former chief executive of the Silicon Valley startup, WrkRiot, on wire fraud charges.
United States
28 Jun 2017
Second Circuit Limits Standing To Bring Data Breach Class Actions
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores...
United States
11 May 2017
Securities Litigation Alert: District Court Says Indirect Purchasers Of Shares Can Bring Fraud Claims Against Private Company And Its Officers
In a case with important implications for late-stage private companies, a federal magistrate judge ruled last week that investors in funds holding private company securities can bring fraud claims...
United States
3 May 2017
Ransomware: To Pay Or Not To Pay?
Ultimately, when it comes to dealing with ransomware, avoiding an attack in the first place cures all.
United States
7 Nov 2016
The Ninth Circuit Holds That Accessing A Website After Receiving A Cease & Desist Letter Is A Violation Of The Computer Fraud And Abuse Act
Last week, the Ninth Circuit limited the scope of the Computer Fraud and Abuse Act (CFAA) in affirming a grant of summary judgment against the defendant in Facebook, Inc. v. Power Ventures, Inc...
United States
22 Jul 2016
SEC Enforcement Of Financial Reporting & Accounting Violations
Financial reporting and accounting fraud reemerged as a key priority of the SEC Enforcement Division during 2015.
United States
8 Apr 2016
Game Of Phones: Employer-Issued Smartphones And Employee Fifth Amendment Protections
In a world where employer-issued smartphones are increasingly commonplace and used to conduct critical business in real-time, the Huang decision poses new challenges...
United States
20 Nov 2015
You're The Man—Government Targets Individuals In FCPA Cases
The government has increasingly focused its FCPA enforcement firepower on individuals.
United States
18 Sep 2015
The Supreme Court’s Omnicare Decision Clarifies When An Opinion Stated In A Registration Statement Can Give Rise To Section 11 Liability
On March 24, 2015, the Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, a highly anticipated case concerning the circumstances under which allegedly false or misleading statements of opinion can give rise to liability under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k ("Section 11").
United States
25 Mar 2015
Of Broken Leases And ‘Broken Windows’
On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living residences based in Wisconsin, alleging the executives had schemed to hide ALC’s breach of a lease covering several of its more than 200 facilities.
United States
4 Feb 2015
In Major Ruling, Appeals Court Sharply Narrows Reach Of Insider Trading Law
The Second Circuit reversed insider trading convictions against two former hedge fund managers, and in the process sharply limited two key doctrines.
United States
16 Dec 2014
GSK Bribery Conviction Signals Increased Risks In China
A Chinese court found pharmaceutical giant GlaxoSmithKline PLC guilty of bribing doctors and hospitals in order to increase sales of the company’s products in China.
United States
5 Nov 2014
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