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Business Crimes Hotline
CALIFORNIA
Engineer Indicted for Stealing Trade Secrets and Computer Fraud
An engineer and product development manager for a Silicon Valley company was charged by a federal grand jury with three counts of computer fraud and six counts of violating U.S. trade secret laws for the unauthorized downloading of files from a customer's network, according to the DOJ. The engineer was reportedly given controlled access to the customer's network pursuant to a non-disclosure agreement and other restrictions. After the engineer was offered employment at another firm, he allegedly downloaded dozens of sensitive files containing proprietary and trade secret information about his customer's products. He subsequently loaded the confidential data onto a laptop provided by his new employer and emailed certain trade secret information to others, according to the indictment. If convicted, he faces up to 5 years' imprisonment for each computer fraud count, and 10 years for each trade secret count. (Case No. 05-00812, N.D.Ca.)
Former Executive of Biotechnology Firm Convicted of Trade Secret Theft
An executive of a biotechnology firm in California pled guilty
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Marketing Analytics: More Is Not Always Best
In the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.