News & Analysis as of

Scope of Authority

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trade Secrets at the ITC - November 15th, 1:00 pm - 2:00 pm ET

Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT). During the webinar, attendees will understand strategic considerations...more

Venable LLP

[Webinar] The Future of Chevron Deference and Administrative Law - June 29th, 2:00 pm - 3:00 pm ET

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On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the...more

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Troutman Pepper

Recent State Court Decisions Reaffirm Scope of State Attorney General Authority

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As we have recently noted elsewhere, state attorneys general have actively increased their enforcement of both state and federal laws in recent years, and we expect the pace to continue to grow in 2022. A key reason for the...more

Littler

Analyzing and Responding to the Minnesota Attorney General’s Investigations into Employer Pay Practices

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The Minnesota Supreme Court recently reaffirmed the Minnesota attorney general’s broad power to investigate Wage Theft Act and alleged pay practice violations....more

Holland & Knight LLP

Court Issues Nationwide Injunction Halting Federal Landlord Vaccine Mandate

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U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on all federal landlords and their...more

Holland & Knight LLP

Blocked: Federal Court Enjoins Government from Enforcing Contractor Vaccine Mandate in 3 States

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U.S. District Court Judge Gregory Van Tatenhove of the Eastern District of Kentucky on Nov. 30, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on federal...more

Holland & Knight LLP

Federal Judge Rules Against Landlord Vaccine Mandate

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In the ever-shifting landscape surrounding the landlord (and contractor) vaccine mandate, a federal judge has ruled against the federal government and issued a preliminary injunction that prohibits enforcement of the vaccine...more

Proskauer - Law and the Workplace

Contractor Vaccine Mandate Blocked In 3 States By Federal Judge

On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response...more

Knobbe Martens

Federal Circuit Finds No Constitutional Defect in Appointment of TTAB Judges

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PIANO FACTORY GROUP, INC. v. SCHIEDMAYER CELESTA GMBH - Before Prost, Bryson, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The appointments of TTAB judges do not share the constitutional defect...more

Littler

Florida Ban on Requiring Vaccine Passports Banned (For Now)

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Florida employers can require employees to obtain COVID-19 vaccinations, submit records of such vaccination, and implement other safety measures for their workplaces notwithstanding national publicity suggesting that recent...more

Cadwalader, Wickersham & Taft LLP

Springing Forward, March 2021 | Issue No. 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down

On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more

Bilzin Sumberg

SCOTUS Case Highlights Ambiguities in Computer Fraud and Abuse Act

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The Supreme Court heard oral arguments this week in Van Buren v. United States, which asked the nine Justices to interpret the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §§ 1030. The CFAA was enacted in 1986, just...more

Knobbe Martens

Criminal Enforcement Against Data Breaches Under the Computer Fraud and Abuse Act

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On April 20, 2020, the U.S. Supreme Court granted writ of certiorari in Van Buren v. United States to consider whether a person who is authorized to access information on a computer for certain purposes violates Section...more

Bradley Arant Boult Cummings LLP

Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority

Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator...more

Carlton Fields

U.S. Supreme Court to Weigh in on Computer Fraud and Abuse Act (CFAA) for the First Time

Carlton Fields on

For the first time, the U.S. Supreme Court has taken up a case involving the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. In United States v. Van Buren, the court will address the question of whether an...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Review of CFAA May Impact Analysis in Data Breach Notification Obligations

For the first time, the U.S. Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States, No. 19-783. A federal circuit split exists on the issue of whether the statute can only be...more

McDermott Will & Emery

Computer Fraud and Abuse Act Set for Initial Supreme Court Review

In the wake of a 5-4 circuit court split, the Supreme Court of the United States granted certiorari to review the 1986 Computer Fraud and Abuse Act (CFAA) and specifically whether a person who is authorized to access...more

Orrick, Herrington & Sutcliffe LLP

Prison Time for Personal Use of Company Computers? Supreme Court Grants Cert to Decide Whether Noncompliance With a Company’s...

On Monday, April 20th, the Supreme Court accepted cert in Van Burien v. United States to (hopefully) resolve a longstanding circuit split regarding the Computer Fraud and Abuse Act (or CFAA): Does an individual exceed...more

Polsinelli

SCOTUS Set to Resolve Circuit Split and Decide Scope of Computer Fraud and Abuse Act Prosecutions

Polsinelli on

Recently, the United States Supreme Court added United States v. Van Buren to its merits docket for next term. The Court will seek to resolve a circuit-split over whether a person who is authorized to access information on a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari to Review Computer Fraud and Abuse Act Prohibition on "Exceeding Authorized Use"

The Computer Fraud and Abuse Act ("CFAA") is a Federal criminal statute intended to protect government and other "protected computers" from hacking.  Among other things, the CFAA serves as the basis for punishing anyone who...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Case Preview—Van Buren v. United States: Does Use of a Computer for an “Improper Purpose” Violate the Computer...

For the first time, the Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA). The Court’s initial review of the CFAA comes in the wake of a federal circuit split as to whether the statute can only be...more

Poyner Spruill LLP

The Officer, the Informant, and the FBI: The CFAA Makes First Trip To The Supreme Court Of The United States

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The Supreme Court has granted certiorari in its first Computer Fraud and Abuse Act (CFAA) case, Van Buren v. United States. CFAA is the federal anti-hacking law that the criminal defense and civil liberties bars have argued...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court to Consider Scope of CFAA

- The U.S. Supreme Court will review whether a person who is authorized to access information on a computer for certain purposes violates the CFAA if he accesses the same information for an improper purpose. - The Court’s...more

Dorsey & Whitney LLP

Time to Re-examine Corporate Computer Access Policies

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Last week the U.S. Supreme Court agreed to hear an appeal from a defendant who had been convicted of a felony charge under the Computer Fraud and Abuse Act (“CFAA”), the federal computer crime statute. Title 18, U.S.C. §...more

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