10/02/2013 - Fifth Circuit Expansion of Cyber Liability?
The Fifth Circuit Court of Appeals recently held that a company may be liable for weak cybersecurity measures that cause another party economic injury, even if there is no contractual relationship between the parties.
09/30/2013 - The IP Beacon, September 2013
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
08/15/2013 - White House Reports on Recommended Incentives for Adopting Cybersecurity Framework
The White House recently issued a report outlining potential incentives that may be available to companies that adopt the voluntary cybersecurity framework currently being developed by the National Institute of Standards and Technology.
04/25/2013 - California Man Convicted of Hacking into Former Employer’s Computer Network
A jury in the Northern District of California has convicted David Nosal of violating the Computer Fraud and Abuse Act (“CFAA”) by accessing his former employer’s computer network without authorization to obtain confidential information for use in a competing business.
04/23/2013 - SEC and DOJ Resolve Parallel FCPA Investigations through Dual Non-Prosecution Agreements
This week, the Ralph Lauren Corporation became the first company to obtain a non-prosecution agreement from the Securities and Exchange Commission in connection with a Foreign Corrupt Practices Act (“FCPA”) investigation.
04/17/2013 - California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act
The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse Act (“CFAA”) that has far-reaching ramifications with respect to liability–and protection for companies’ proprietary information.
03/14/2013 - Cyber Attacks are the Number One Threat to National Security
The U.S. Director of National Intelligence, James Clapper, advised the Senate Intelligence Committee this week that cyber attacks are the number one threat to national security.
03/12/2013 - Public Companies Increasingly Disclosing Cybersecurity Risks
An increasing number of public companies - particularly banks and financial institutions - are disclosing cybersecurity incidents in their filings with the Securities and Exchange Commission.
02/28/2013 - Supreme Court Limits Government’s Ability to Seek Civil Penalties on Stale Claims
The United States Supreme Court yesterday significantly limited the federal government’s ability to bring an action for civil penalties more than five years after the alleged misconduct occurred.
02/19/2013 - President Obama Signs Cybersecurity Executive Order
President Obama recently signed an executive order focused on improving the security of the nation’s infrastructure from cyber attack.
01/01/2013 - 2012 Year in Review: Antitrust and Business Litigation
Developments in federal and Texas courts in 2012 should give antitrust and business litigators much to ponder in 2013.
11/20/2012 - DOJ and SEC Release Long-Awaited FCPA Resource Guide
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released the much-anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”).
01/13/2012 - Texas Bar Journal Guest Article: 2011 Year in Review - Antitrust and Business Litigation
In 2011, the U.S. Supreme Court issued a significant opinion that should narrow the scope of general jurisdiction for corporations.
07/21/2011 - Armor Holdings, Inc., Settles Foreign Corrupt Practices Act Claims with SEC, DOJ
Armor Holdings, Inc., recently resolved allegations that it violated both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act. Because of Armor’s extensive cooperation with the government, it was able to obtain a non-prosecution agreement from the Department of Justice and a settlement from the Securities and Exchange Commission.
01/01/2011 - 2010 Year in Review: Antitrust and Business Litigation
In 2010, the U.S. Supreme Court issued a significant antitrust opinion and another opinion that clarified the scope and constitutionality of the crime known as "theft of honest services." The Court also adopted important amendments to Federal Rule of Civil Procedure 26 concerning expert discovery. Finally, the U.S. Department of Justice and the Federal Trade Commission promulgated new horizontal merger guidelines.
02/08/2010 - Managing Risk: A Guide for Investment Advisers
As an investment adviser, you make your living by predicting, weighing, and ranking risks for your clients. But do you pay equal attention to the risks that you and your firm face? As we leave behind the tumultuous Aughts, now is the perfect time to revisit your compliance policies and internal controls to ensure that you are doing everything possible to safeguard your firm’s future.
01/01/2010 - 2009 Year in Review: Antitrust and Business Litigation
In 2009, the U.S. Supreme Court issued a significant antitrust opinion an another opinion of profound importance with roots in the antitrust law. At the same time, the Federal Trade Commission announced its decision in an antitrust dispute that might be interesting to anyone who has bought or sold a home recently. Finally, looking ahead to 2010, the Court is considering an appeal that may clarify when independent actors may be considered a single entity for antitrust purposes.