Two separate, recent lines of cases have continued to shape the circumstances under which insider trading prosecutions can be brought, and as a result, the insider trading compliance risks faced by companies. First, the Supreme Court recently denied certiorari in United States v. Kosinski, which held that it can be an insider trading violation for independent contractors to trade stocks based on information made available to them while subject to a confidentiality agreement.
The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime.
On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act.
Last week, the Supreme Court of California issued a landmark decision finding that both state and federal constitutional law principles require judges to consider whether an arrestee can actually pay an amount fixed for money bail.
A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even reasonable suspicion — presents various data-security challenges for companies and organizations of all sizes.
The First Circuit has granted en banc review of Moore-Bush.
The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases.
On July 9, 2020, the U.S. Supreme Court announced that it would review the Federal Trade Commission’s authority to seek restitution in federal court for consumers who have been harmed by fraud and other misconduct in the marketplace.
The SEC’s authority to seek disgorgement has been a spotlight issue for the last several years, and on June 22, 2020, the Supreme Court delivered a highly anticipated ruling that will have a mixed impact.
In a unanimous opinion, the Supreme Court overturned the criminal convictions of the ‘Bridgegate’ co-conspirators, and ruled that government corruption in the exercise of regulatory power cannot be prosecuted as wire fraud.
When a person who is authorized to access information on a computer for certain purposes accesses the information for another, improper purpose, does that amount to a federal crime?