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)

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)

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)

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]...

Criminal Law—Innocent Third Parties Deserve Greater Fourth Amendment Protections Than Criminal Suspects and Defendants—Commonwealth v. Draheim, 849 N.E.2d 823 (Mass. 2006)

Advances in science have revolutionized crime detection, indelibly affecting Fourth Amendment jurisprudence. Forensic identification techniques are continually refined, and accordingly, the concomitant constitutional considerations continue to grow.  As technological...

Constitutional Law—State-Funded Use of Religious Facilities for Public High School Ceremonies Violates the Establishment Clause—Doe ex rel. Doe v. Elmbrook School District, 687 F.3d 840 (7th Cir.), petition for cert. filed, 81 U.S.L.W. 3371 (U.S. Dec. 20, 2012) (No. 12-755)

The First Amendment to the United States Constitution embodies one of the country’s founding principles—separation of church and state—by prohibiting Congress from enacting laws that either respect a religious establishment or prohibit the people’s free exercise of...
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