Seventh Circuit Wades into Big Data Case Law

By Kate M. Growley, CIPP/G, CIPP/US, Joanne Oleksyk & Paul Rosen on March 28, 2019

As the country’s new Congress settles into its term, several technology issues are coming to the forefront. A number of Senators recently questioned the Department of Justice over how it is collecting cellphone-location data in the wake of the Supreme Court’s landmark Carpenter decision. Carpenter v. United States, 138 S. Ct. 2206 (2018). The House of Representatives is considering a renewed version of legislation that would strengthen the security of “Internet of Things” technologies used by the federal…

Data Law Insights

The CLOUD Act and the Future of International Access to E-Evidence

By Joanne Oleksyk & Stephen M. Byers on May 30, 2018

Attorney General Jeff Sessions and EU Justice Commissioner Věra Jourová have met twice over the last two weeks, signaling momentum towards a new EU-U.S. solution for the sharing of electronic evidence. These meetings occurred in the wake of proposed regulations on the sharing of electronic evidence in the EU, and the passage of the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act) in the United States. The CLOUD Act, passed as a rider…

Trade Secrets Trends

Flash Crash Fears Subvert Trade Secret Protection of Source Code

By Stephen M. Byers & Joanne Oleksyk on November 18, 2016

On November 4, 2016, the U.S. Commodity Futures Trading Commission approved a supplemental notice of proposed rulemaking concerning its access to algorithmic trading source code in a 2-1 vote. The supplemental notice amends proposed Regulation AT and outlines a new mechanism by which the CFTC can obtain the source code and related records of the automated traders it regulates as part of its routine surveillance of the market. Algorithmic source code is the foundation of…

Trade Secrets Trends

United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer

By Stephen M. Byers, Mark A. Romeo, Preetha Chakrabarti & Joanne Oleksyk on July 18, 2016

On July 5, 2016, the Ninth Circuit affirmed the conviction of David Nosal, an ex-employee of Korn/Ferry, an executive search firm, who left to start a competing firm. With Nosal’s knowledge and encouragement, two other former employees of Korn/Ferry used a current employee’s credentials to gain access to the Korn/Ferry database and take confidential information. U.S. v. Nosal, No. 14-10037, 2016 WL 3608752 at 6 (9th Cir. July 5, 2016). The prosecutors charged Nosal…

Joanne Oleksyk

Seventh Circuit Wades into Big Data Case Law

The CLOUD Act and the Future of International Access to E-Evidence

Flash Crash Fears Subvert Trade Secret Protection of Source Code

United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer

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