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Securities Law—Second Circuit Accepts Rule 10b-5 Pleading of Economic Loss After Share-Price Recovery—Acticon AG v. China North East Petroleum Holdings Ltd., 692 F.3d 34 (2d Cir. 2012)

Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46

Securities and Exchange Commission (SEC) Rule 10b-5 provides the principal remedy for private investors ensnared in fraudulent securities transactions. A successful pleading of a fraud-on-the-market claim under Rule 10b-5 requires a showing of actual economic loss...

Cyber Law—Dismissing Employer’s Claim Under the CFAA Against Former Employees Who Allegedly Misappropriated Trade Secrets—WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012), cert. dismissed, 133 S. Ct. 831 (2013)

Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46

Among other things, the Computer Fraud and Abuse Act (CFAA) provides for civil and criminal penalties when a person, “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer.”...

Copyright Law—Southern District of Texas Still Has Dial-Up and Holds Uploaded Webpages Not Published or Accessible—Rogers v. Better Business Bureau of Metropolitan Houston, Inc., 887 F. Supp. 2d 722 (S.D. Tex. 2012)

Dec 26, 2013 | Case Comments, Print Edition, Volume 46

In order to bring a copyright infringement suit before a court, the work must first have been registered with the United States Copyright Office (Copyright Office). In addition to permitting copyright infringement actions, a copyright’s registration “constitute[s]...