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Archive for the ‘2nd Circuit Decisions’ Category

By Dr.Jur. Eric Engle LLM[i] Editorial Policy An internet fraudster, a repeat offender, has recently been charged[ii] with “fraud and related activity in connection with computers”[iii] in connection with a financial crime – fraudulent currency trading through phishing.[iv] The defendant obtained the passwords to another person’s internet account and then used that person’s account to trade foreign currency. Interestingly, the indictment[v] uniquely charges the fraudster with a computer crime. The fact pattern, however, raises the interesting question of whether the ... Read More...
Posted On Jan - 7 - 2010 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
Court Suppresses Email Evidence in Bear Sterns Case By Stuart K. Tubis – Edited by Jad Mills U.S. v. Cioffi, et al., Case No. 08-CR-415 (FB) (E.D.N.Y. Oct. 26, 2009) Slip Opinion (hosted by WSJ) The Eastern District of New York granted defendant Matthew Tannin’s motion to suppress evidence obtained from his personal Gmail account. Ralph Cioffi and Matthew Tannin were charged with conspiracy, securities fraud and wire fraud in connection with their roles as Bear Sterns hedge fund managers. ... Read More...
Posted On Nov - 6 - 2009 Comments Off READ FULL POST
Federal District Court Rules Ringtones Not Public Performance By Debbie Rosenbaum – Edited by Eric Engle In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009) Opinion (Hosted by EFF) The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of ... Read More...
Posted On Oct - 20 - 2009 Comments Off READ FULL POST
By Brian Kozlowski Lori Drew “Cyberbullying” Conviction Thrown Out The Los Angeles Times reports that on July 2nd, a federal judge dismissed the case against “cyberbully” Lori Drew, saying that the clear terms of the Computer Fraud and Abuse Act (CFAA) preclude a guilty verdict. The Lori Drew case received widespread media attention eight months ago when the 50 year-old mother was found guilty of “unauthorized computer access” under the CFFA for aiding her daughter in creating a fake MySpace ... Read More...
Posted On Jul - 4 - 2009 1 Comment READ FULL POST
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