01/14/2015 - CFAA Claims by Software Vendors for Unauthorized Access to Their Licensed Software on Their Clients’ Computers
Can a software vendor assert a Computer Fraud and Abuse Act (“CFAA,” 18 U.S.C. § 1030) claim against a third-party end-user for unauthorized access to the vendor’s licensed software operating on the vendor’s client’s computers? In other words, does the vendor have a viable CFAA claim if it does not own the accessed computers, but access nonetheless violates the terms of the vendor’s software license agreement?
09/15/2014 - The French blocking statute, the Hague Evidence Convention, and the case law: lessons for French parties responding to American discovery
This memorandum offers an overview of all recorded cases in U.S. courts where parties invoke the French blocking statute, or the Hague Convention (as it applies to France), or both.
07/01/2014 - Law360 Guest Article: Texas High Court Continues To Rule In Favor Of Lessees
The lessee can make reasonable use of the surface over a pooled lease.
06/23/2014 - Texas Supreme Court Holds that Mineral Lessee Has the Right to Use a Road across Non-Producing Pooled Tracts
The Texas Supreme Court has held that a mineral lessee enjoys surface rights over a pooled tract even if that tract is not producing oil or gas. Key Operating & Equip., Inc. v. Hegar
, No. 01-10-00350-CV, 2014 WL 2789933 (Tex. Jun. 20, 2014).
05/21/2014 - Bloomberg BNA Electronic Commerce & Law Report: When Employees Leave with Electronic Files: The CFAA’s Eclectic Damage and Loss Case Law Illustrated
By now the following fact pattern is almost choreographed: an employee downloads a generous helping of information from his or her employer’s confidential electronic data stores, then quits and uses the pinched information to either start or join a competing business.
05/08/2014 - A Desk Guide to Data Protection and Breach Response - Special Series
If your business is connected to the Internet, it is vulnerable to attack, either by willful perpetrators intent on exfiltrating your proprietary or sensitive data for their own personal gain, or by casual hackers or hacktivists intending to cause damage to your business.
04/04/2014 - Oil and Gas Litigation Newsletter, April 2014
The newsletter of the Oil and Gas Litigation Practice Group of Haynes and Boone, LLP.
03/27/2014 - A Desk Guide to Data Protection and Breach Response - Part 7
In this installment of our special series, A Desk Guide to Data Protection and Breach Response
, we discuss the firestorm of litigation that can arise following a breach and provide practical guidance for preparing for the worst.
03/07/2014 - Law360 Guest Article: Expect Foreign Privacy Law Defense to US Discovery to Fail
The Delaware Court of Chancery recently rejected a party’s attempt to object to the production of documents located in France on basis of the French Data Protection Act (“FDPA”). In re Activision Blizzard Inc. Stockholder Litig., C.A. No. 8885-VCL, --- A.3d ---, (Del. Ch. Feb. 21, 2014) (Laster, Vice Chancellor).
01/13/2014 - Pitfalls Await Plaintiffs Who Do Not Think Through Trade Secret Theft Claims under the Texas Theft Liability Act
Victims of trade secret theft in Texas can sue under common law theories of recovery, including trade secret misappropriation, and they can sue under the Texas Theft Liability Act (“TTLA”).
12/11/2013 - Law360 Guest Article: When Hacking an Email Account Doesn't Violate the SCA
In October 2011, a California federal grand jury indicted Christopher Chaney for having “gained unauthorized access to the e-mail accounts of over 50 individuals,” including those of celebrities Christina Aguilera, Scarlett Johansson, and Mila Kunis.
10/25/2013 - Law360 Guest Article: More Proof Of Texas Courts' Split On Certificate Of Merit
In suits arising from the provision of professional services, the certificate of merit provides a “basis for the trial court to conclude that the plaintiff’s claims are not frivolous.” See, e.g., Dunham Engineering Inc. v. The Sherwin-Williams Co., --- S.W.3d ---, at *9 (Tex. App. — Houston [14th Dist.] 2013, no pet. h.).
10/22/2013 - Law360 Guest Article: Texas Courts Split On Certificate Of Merit
Aided by multiple revisions, the Texas Certificate of Merit Statute has accumulated a rich jurisprudence since its first version was enacted in 2003. Tex. Civ. Prac. & Rem. Code Ch. 150. Courts now decide most cases in terms of the 2009 version of the statute. But many cases decided on basis of the prior 2005 statute remain good law.
10/03/2013 - Law360 Guest Article: Choose Your Friends — And Privacy Settings — Wisely
Congress enacted the Stored Communications Act, 18 U.S.C. §§ 2701–2711, in 1986 to protect the privacy of early electronic communications.
04/30/2013 - Les avocats aux Etats-Unis
Un opérateur économique aux Etats-Unis, désigné ici sous le nom d’entrepreneur, a besoin d’un avocat, d’un banquier, et d’un comptable. Cet article traite de l’avocat. C’est le professionnel que bien des entrepreneurs préfèrent tenir à distance.
04/30/2013 - Comment devenir avocat aux Etats-Unis
Ce document résume les études à suivre, et les concours à passer, pour devenir avocat aux Etats-Unis.
02/08/2012 - Court Decisions Could Remove Ambiguity About Unauthorized Employee Computer Access
In just a few years, the Federal Computer Fraud and Abuse Act of 1984 (the “CFAA,” 18 U.S.C. § 1030) - a sweeping statute that criminalizes the unauthorized access of protected computers - has evolved into a broad and powerful weapon in computer-related criminal and civil litigation. Originally enacted to target hackers, the statute now reaches almost any imaginable malfeasance that involves a computer.
01/20/2012 - Bloomberg Law Reports Guest Article: Computer & Internet Crimes - Where Will it End?
In just a few years, the Federal Computer Fraud and Abuse Act of 1984 (the "CFAA," 18 U.S.C. § 1030
) has evolved into a broad and powerful weapon in computer-related criminal and civil litigation.
11/03/2011 - Law360 Guest Column: Direct And Consequential Damages in Contract Disputes
Law360, New York (November 03, 2011, 3:08 PM ET) -- In a recent dispute where Haynes and Boone LLP represented the claimant, an arbitrator awarded over $4 million to a pipeline company that had purchased and installed respondent’s defective valves.
10/27/2011 - ControlGlobal.com Guest Article: The Danger With Time Bombs - Can Your Software Vendor Lock Up Your Software so That You Have to Buy an Upgrade? Maybe Not
In a cyberspace cloak-and-dagger story worthy of the best science fiction, the Stuxnet computer worm reportedly damaged a train of uranium enrichment centrifuges in Iran.
09/30/2011 - Un litige commercial aux Etats-Unis, 2ème partie: quelques questions de droit
Cet article décrit quelques-unes des principales questions de droit concernant un litige commercial aux Etats-Unis. Les parties dans ce procès seront souvent, mais pas toujours, des personnes morales (sociétés anonymes, par exemple) ou leurs agents.
08/31/2011 - Un litige commercial aux Etats-Unis, 1ère partie: la procédure
Ce document décrit les différentes phases d’un procès civil aux Etats-Unis concernant un contentieux commercial.
02/28/2011 - Using Technology to Meet Jurors’ Expectations
This article outlines the changing expectations juries have concerning video testimony and how to meet those expectations.
03/09/2010 - ESI Preservation and Collection - Issues and Solutions
E-discovery is complex, expensive and daunting for attorneys who are not computer savvy. It is also a potential minefield.
© Bloomberg Finance L.P. 2010. Originally published by Bloomberg Law Reports. Reprinted by permission.
08/10/2009 - Two Issues of Interest to Franchisors and Franchisees
This alert discusses the new deadline to adopt a written policy on protection of credit information: Red Flag Rules (FACTA) and stepped up inspections by immigration authorities: Form I-9 Compliance Audits.
07/15/2008 - Analysis of Records Hold Issues and Case Law on the Duty to Preserve Data
This memorandum provides an overview of the current state of the law regarding the duty to preserve documents and data.