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Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
Dec 27, 2012
Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet domain names accused of copyright infringement. While the value of such legislation will depend on the details of the bill, the notion…
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
Dec 4, 2012
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
A qui tam case that was recently dismissed on summary judgment may signal the next front in the legal enforcement war arising from off-label use of prescription medications. In United States ex rel. Watson v. King-Vassel et al., filed in the U.S. District Court for the Eastern District of Wisconsin, the complaint alleged that defendant…
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
Nov 26, 2012
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
After much uncertainty and discussion, the U.S. Department of Justice has finally issued official guidance regarding who qualifies as a “foreign official” under the Foreign Corrupt Practices Act (FCPA). This guidance was published on November 14, 2012, in the Resource Guide to the U.S. Foreign Corrupt Practices Act, a broad guide to enforcement and interpretation…
Domain Names and the First Amendment: The Latest Word
Nov 21, 2012
Domain Names and the First Amendment: The Latest Word
The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of domain names on the basis of content – for instance, domain names containing profanities. See Nat’l A-1 Advertising,…
China, Other Nations Need to Crack Down on Software Piracy
Nov 15, 2012
China, Other Nations Need to Crack Down on Software Piracy
Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for trademark rights, for royalties, and one of the largest for buying real software . . . We pay the most. People rarely talk…
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
Nov 5, 2012
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
Lawyers for Stephen Jin-Woo Kim, a former federal contractor employee accused of unlawfully disclosing sensitive information, recently filed a motion in the U.S. District Court for the District of Columbia criticizing the government’s withholding of information in the case and asking the court to order the government to produce the documents. The government should not…
DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?
Oct 17, 2012
DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?
We have previously advocated for the Department of Justice to employ a more narrow reading of the term “foreign official” in the Foreign Corrupt Practices Act. Therefore, we were pleased to see that the DOJ recently issued an opinion that parsed the definition and came to the conclusion that a member of a foreign royal…
Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark
Sep 19, 2012
Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark
In an interesting recent opinion, the U.S. District Court for the District of Columbia rebuffed the Libyan Government’s bid to obtain a transfer to it of the domain name registration for libyanembassy.com from a “legalization expeditor” – a company that certifies documents as one step in the process of international legalization of documents (such as…
Executive’s Internet Searches Give SEC the Road Map to Make an Arrest
Aug 17, 2012
Executive’s Internet Searches Give SEC the Road Map to Make an Arrest
The U.S. Securities and Exchange Commission has charged an executive at Bristol-Myers Squibb with insider trading, citing his Internet searches as support that he tried to cover up his illegal acts. As a high-level executive in the treasury department at Bristol-Myers Squibb, Robert D. Ramnarine helped the company target, evaluate, and acquire other pharmaceutical companies….
Judge Clamps Down on DOJ Efforts to Apply U.S. Law Abroad
Aug 6, 2012
Judge Clamps Down on DOJ Efforts to Apply U.S. Law Abroad
The U.S. Department of Justice’s recent boasts about rigorous enforcement of the securities laws ran into a significant obstacle this month when a federal judge in Washington, D.C., dismissed part of a $50 million securities fraud case and accused DOJ prosecutors of overreaching. In an increasingly global economy, the case is a good measure of…
