Navigating New Technology

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Client Alerts

DeVore & DeMarco Files Brief in Apple / Government iPhone Encryption Litigation

To Our Clients and Friends:
On March 3, 2016, our Firm joined a crucial, timely, and ongoing legal debate. A debate about privacy and about security. A debate about the power of the state and the power of a private corporation in the digital era. On that date, on behalf of the Federal Law Enforcement Officers Association, the Association of Prosecuting Attorneys, and the National Sheriffs’ Association we filed an Amicus Curiae “Friend-of-the-Court” brief in U.S. District Court for the Central District of California in the Apple / Government iPhone Litigation.


Download Document: Client-Alert-Apple-Amicus-FINAL-3

Download Article: Amicus-Brief-FLEOA-APA-NSA

Congress Fixes Loophole In The Economic Espionage Act

To Our Clients and Friends:

On December 28, 2012, President Obama signed the Theft of Trade Secrets Clarification Act of 2012 (“the Act”) into law. The Act makes clear that the Economic Espionage Act (EEA) applies to trade secrets related to products and services developed for a company’s own internal use.


Download Article: Congress Fixes Loophole Economic Espionage Act

SONY v. Democratic People’s Republic of Korea?

To Our Clients and Friends:
As relentless news reports have made clear, Sony Pictures Entertainment has suffered — and continues to suffer — a devastating cyber-attack on its computer systems. According to press reports, a hacker group known as the “Guardians of Peace,” or “GOP,” has taken credit for the attack, which has paralyzed Sony’s network and leaked much as 100 terabytes of confidential information. Leaked data has included Social Security Numbers, employee and talent salaries, account and administrative passwords, sales plans, sensitive employee emails and four unreleased major motion picture films. According to press reports, the GOP used a series of compromised computers in Thailand, Poland, and Italy to launch the malicious software into Sony’s network.


Download Article: Client-Alert-Sony-v-DPRK-Final-01-2015

DoJ Reverses Position on Scope of Wire Wager Act

On December 23, 2011, the Department of Justice’s Office of Legal Counsel (the “OLC”) released an opinion that the Wire Wager Act (18 U.S.C. § 1084) applies only to interstate transmissions of wire communications that relate to sports wagering. This opinion reversed the Department’s long-held view that the Act could prohibit other forms of interstate gambling such as poker and other card games. Prepared in response to a request by the Department’s Criminal Division regarding the legality of state-sponsored plans to sell lottery tickets on the Internet, the opinion represents a significant shift in the Department’s policies with regard to iGaming. Nevertheless, a cautious interpretation of this reversal is warranted.


Download Article: 968f77d5-35f4-40ac-b087-34a72c7437be copy

Corporate Strategies for Avoiding Your Own Wikileaks Nightmare

The disclosure and mass publication of classified government documents and diplomatic cables on the WikiLeaks websites has riveted public attention throughout the world. It has also prompted considerable fear among companies and other organizations as reports emerge that WikiLeaks supporters and others are actively targeting these organizations in addition to government entities. As recent events involving the disclosure of information related to the U.S. Chamber of Commerce and a leading law firm have shown, no organization is immune from the “WikiLeaks phenomenon.” In response, many companies have begun to prepare a response plan for such potential disclosures and to review their own policies to ensure that private documents and communications are appropriately safeguarded and not widely disseminated on the Internet.

While the WikiLeaks phenomenon may be new, it has always been a cardinal principle of information privacy and security best practices that no computer system is impenetrable and no internal document or data isever completely secure from external view. Understanding the principles outlined herein – and acting upon them – can significantly reduce the risk of your organization being the next WikiLeaks victim.


Download Article: 7b9c679d-45cb-474b-a770-22dd3877fe0c copy

Supplemental Objections of Arlo Guthrie, Julia Wright, Cathering Ryan Hyde, and Eugene Linden To The Amended Class Action Settlement Agreement

Supplemental Brief filed on behalf of Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, and Eugene Linden to the Amended “Google Books” Class Action Settlement Agreement containing additional objections.


Download Article: 4ee86c9b-475d-4981-88e4-7053e2dbec55 copy

Objections of Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, and Eugene Linden to Proposed Class Action Settlement Agreement

Brief filed on behalf of Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, and Eugene Linden to the Proposed “Google Books” Class Action Settlement Agreement, filed on September 2, 2009.


Download Article: 10be1a50-f185-4b5c-acfc-ba79a9363692 copy

The Request to Extend Opt Out Deadline for the “Google Books Settlement”

Our Firm’s letter written to the Honorable Denny Chin on April 24,2009, requesting a four-month extension of the deadline to opt-out and object to the the “Google Books Settlement,” filed on behalf of the The Palladin Group for John Steinbeck and Thomas Myles Steinbeck, the Philip K. Dick Testamentary Trust, Catherine Ryan Hyde, Mike Perry, Eugene Linden and James Resenberger. Judge Chin subsequently granted our request for the four-month extension of the deadline to opt-out and object to the Settlement.


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