Archives: Trade Secrets

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The Exploitation of America’s Cybersecurity Vulnerabilities by China and Other Foreign Governments

The Chinese People’s Liberation Army attacks American companies every day to try to steal trade secrets and gain commercial advantage for state controlled businesses. Criminal hackers can cause tremendous damage, whether trained in China or not. If a high level expert, such as any member of China’s elite Unit 61398, aka Comment Crew, gets into your system, they … Continue Reading

The Importance of Cybersecurity in eDiscovery

Cybersecurity is job number one for all litigation attorneys who handle confidential computer data. That’s because electronically stored information (ESI) held by law firms is now subject to frequent attack by criminal hackers. They have figured out that attorneys store valuable data of their clients in law firm computers. So when hackers cannot get at … Continue Reading

Courts Reining In What it Means to be a “Hacker” Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”) is an anti-hacker statute that prohibits unauthorized access, or the exceeding of authorized access, of computers connected to interstate commerce. 18 U.S.C. § 1030. Violators are subject to both criminal and civil liability. Employers have long taken advantage of the CFAA’s civil remedies to “sue former employees and their new companies … Continue Reading

More Courts Are Requiring Disclosure of Keywords

There is a clear trend in the law for a producing party to make disclosure of the keywords used to find documents responsive to a request for production. Moreover, all the requesting party has to do is ask. There is no requirement for a showing of good cause. This represents a further erosion of the … Continue Reading

$2.8 Million Award for Predictive Coding Expenses in a Trade Secret Case

A new decision out of California will be of interest to both trade secret and e-discovery lawyers: Gabriel Tech. Corp. v. Qualcomm Inc., 2013 WL 410103 (S.D.Cal. Feb. 1, 2013). The court awarded fees to the prevailing defendant under both 35 U.S.C. §285 and §3426.4 of California’s Uniform Trade Secrets Act. The amount of the … Continue Reading
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