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2nd Circuit reverses Anthony Conti’s conviction and dismisses indictment
Posted on July 19, 2017 in Blog

We are delighted to share today’s news: The 2nd Circuit Court of Appeals has reversed Anthony Conti’s conviction and dismissed the indictment. The decision is attached below. 16-898_Documents-1 A selection of articles: Wall Street Journal New York Times

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CFAA Ninth Circuit Oral Argument Preview: United States v. Matthew Keys
Posted on June 12, 2017 in Announcements

On Tuesday, June 12, 2017, Tor Ekeland will be arguing Matthew Key’s appeal from his convictions for violating the Computer Fraud and Abuse Act (“CFAA”) in front of the Ninth Circuit Court of Appeals in San Francisco. Arguments will likely begin sometime between 9:45 am and 11:00 am Pacific Time depending on how long the […]

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Opening Appellate Brief filed in U.S. v. Thomas
Posted on February 23, 2017 in Blog

February 22, 2017 U.S v Michael Thomas, No. 16-41264 (5th Cir.) Last night in the Fifth Circuit Court of Appeals we filed the Opening Appellant Brief in U.S. v. Michael Thomas. In June of 2016, in an important CFAA case regarding the definition of unauthorized damage, a jury convicted Michael Thomas of a single count […]

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Is the Department of Justice Obstructing Justice When It Comes to Michael Flynn?
Posted on February 17, 2017 in Blog

February 17, 2017 Reports are circulating that the Department of Justice is not going to prosecute former National Security Advisor Michael Flynn for his pre-inauguration conversation with the Russian Ambassador Kislyak and lying to the FBI about it. Assuming these reports are true, it is a potentially disturbing development that may-depending on the facts-indicate the […]

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EFF and ACLU File Ninth Circuit Amicus Brief in U.S. v. Keith Gartenlaub
Posted on February 16, 2017 in Blog

February 15, 2017 United States v. Keith Gartenlaub 16-50339 (9th Cir.) Today, the EFF and the ACLU jointly filed an Amicus Brief on behalf of our client Keith Gartenlaub in his appeal of his criminal conviction. In 2014, the FBI, incorrectly suspecting Mr. Gartenlaub of being a Chinese spy, obtained a warrant from the Foreign […]

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Opening Brief Filed in United States v. Gartenlaub (Ninth Circuit Court of Appeals)
Posted on February 8, 2017 in Blog

United States v. Keith Gartenlaub 16-50339 (9th Cir.) The opening appellate brief in United States v. Keith Gartenlaub was just filed. In 2014, the FBI investigated Mr. Keith Gartenlaub, a Boeing IT manager, for allegedly passing top secret plans for the Boeing C-17 military cargo plane to China. Conducting a secret search using a Foreign […]

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Ninth Circuit Denies Keith Gartenlaub Bail Pending Appeal
Posted on January 13, 2017 in Blog

This afternoon, in an cursory order with no analysis, the Ninth Circuit denied appellant Keith Gartenlaub’s motion for bail pending appeal.  In 2014, the FBI investigated Mr. Keith Gartenlaub, a Boeing IT manager, for allegedly passing top secret plans for the Boeing C-17 military cargo plane to China. Conducting a secret search using a Foreign […]

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2d Circuit Oral Argument Preview: United States v. Allen et. al.: January 26, 2017 10:00 am Eastern Time
Posted on January 10, 2017 in Announcements

Is it fraud if you make a truthful statement without disclosing that your motivation for making it is to help someone else profit ? That, in essence, is the central question in the appeal in United States v. Anthony Allen et. al., No. 16-939 (CON) (2d Cir.), currently scheduled for oral arguments in front of […]

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Legitimizing General Warrants? Rule 41 Amendment Enlarges Government’s Hacking Authority
Posted on January 9, 2017 in Blog

A recently accepted amendment to Federal Rule of Criminal Procedure 41 will undoubtedly enlarge the authority of law enforcement agencies to remotely hack into and extract data from computers over the course of their investigations.  Legal scholars, civil rights activists, and journalists alike now fear that any citizen that uses a technological means of maintaining […]

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Insider Trading and Salman v. United States: Will this Case Tip the Scales?
Posted on November 7, 2016 in Blog

       Some commentators criticize insider trading doctrine for its deficiencies in specificity and predictability. What may largely be to blame for this lack of definition is the fact that there is no federal securities law that prohibits insider trading. Rather, the Securities and Exchange Commission (SEC) relies on the antifraud provisions of Section […]

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