News

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

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

       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 […]