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Battling the Counterfeiters: White-Collar Intellectual Property Enforcement | Freeman Law

[co-authors: Bryce Couch, Jessica Lee, Alexandra Duncan, and Vrinda Bhuta] This CLE paper explores criminal intellectual property violations. There are a wide range of potentially applicable statutory provisions. Part One broadly discusses criminal copyright infringement, focusing on 17 U.S.C. Section 506 and 18 U.S.C. Section 2319. Part Two explores the Trademark Copyright Act, as well as its relation to its civil law counterpart, the Lanham Act, and its evolution since 1984. Part Three explores the theft of trade secrets, both those illegally obtained for the benefit of a foreign government, instrumentality, or agent and those merely sold for profit. Part Four explores the enactment of the Digital Millennium Copyright Act a 1998 bill that responded to the increasing prevalence of web-based technology highlighting the anti-circumvention and anti-trafficking measures necessary to prevent internet piracy. Part Five explores counterfeit and illicit labels, as well as counterfeit docum

SCOTUS Decision Ushers in The Gates Up or Down Era For Employers Seeking to Protect Workplace Computers and ESI - The Post-Van Buren Workplace and The Computer Fraud And Abuse Act | Fisher Phillips

To embed, copy and paste the code into your website or blog: The U.S. Supreme Court has once again defined the rules of the road for millions of employers and employees in the American workplace with its recent decision in Van Buren v. United States. The Court’s opinion resolved conflicting interpretations of a federal statute, the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030 (“CFAA”), which protects workplace computers and the information stored on them from different types of unauthorized access, whether perpetrated by current employees like appellant Nathan Van Buren, former employees, or business competitors. As is the case with many of the Court’s opinions, the Justices didn’t just resolve the legal issue presented by

The Computer Fraud And Abuse Act Now Provides Less Protection From Insider Threats Here s What Employers Need To Be Doing | Constangy, Brooks, Smith & Prophete, LLP

The Computer Fraud And Abuse Act Now Provides Less Protection From Insider Threats Here s What Employers Need To Be Doing | Constangy, Brooks, Smith & Prophete, LLP
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Unnecessary Disclosure in Trade Secret Litigation Pleadings

Striking the Balance Between Detailed Description and Unnecessary Disclosure of the “Secret” in Trade Secret Litigation Pleadings Monday, June 28, 2021 When filing a claim for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) or a state’s Uniform Trade Secrets Act (UTSA), it is essential to strike the proper balance between sufficiently describing an underlying trade secret and avoiding disclosure of any details that would destroy its secrecy.  A federal court decision issued earlier this month in the Northern District of California,  MBS Engineering Inc., et al. v. Black Hemp Box, LLC, et al., No. 20-cv-02825-JD, 2021 WL 2458370 (N.D. Cal. June 16, 2021), highlights this “obvious tension between the right of public access to court proceedings and the ‘secret’ part of a trade secret” and provides a useful example of the factors used by courts to assess an appropriately alleged trade secret claim.

Trade Secret Lawful Possession & Misappropriation Suit Standing

Trade Secret Lawful Possession & Misappropriation Suit Standing
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