Trade Secret Litigation and Free Speech: Is it Time to Restrain the Plaintiffs?

Trade secret misappropriation litigation is often criticized for its negative effects on competition and speech. In particular, some accuse plaintiff trade secret owners of filing complaints for the purpose of running competitors out of business, or restraining individuals from discussing matters which are unfavorable. This Article enters the discussion to critically assess whether there is reason to consider restricting these actions. It concludes that trade secret litigation on the whole does not inappropriately impinge on speech rights. Even if certain cases come closer to offending defendants’ free speech rights, these occasions and the concerns they raise are not unique to trade secret law. Instead, they stem from the broader issue of litigation misuse in civil and intellectual property cases. Indeed, there are particular reasons not to be overly concerned about trade secret actions because existing litigation safeguards, when properly applied, minimize the risk of free speech incursions

RATs, TRAPs, and Trade Secrets

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores how the rhetoric of war has infiltrated the national discourse on cybersecurity and cyber misappropriation. Third, the Article introduces and coins the acronym TRAP. Standing for “technologically responsive active protection,” TRAP serves as a guiding principle to further refine the reasonable efforts requirement for the protection of trade secrets. The Article also critically examines such active defense counterstrike techniques as hacking back and the controversy surrounding this potential strategy

Organised crime and public sector corruption

Foreword: In 2006, the Australian Government introduced the Anti-money Laundering and Counter-Terrorism Financing Act 2006 (Cth) which increased regulatory controls over businesses potentially able to facilitate organised criminal activities such as money laundering. The implementation of tougher legislation and associated law enforcement interventions may result in criminal organisations adjusting their tactics in order to continue their activities without detection. In this paper, the risk and potential impact of tactical displacement by organised criminals is discussed with regard to the potential for increased attempts by organised crime groups to corrupt public servants. There is a paucity of research exploring the nature and extent of public sector corruption committed by organised crime groups. This discussion is informed by literature on ‘crime scripts’ originally developed by Cornish (1994) and the 5I’s crime prevention framework developed by Ekblom (2011). Making use of public-source information about the commission of such crimes, as exemplified in two recent corruption cases, some intervention strategies are proposed that may be effective in reducing the risks of corruption of public sector officials by organised crime groups in Australia

Direct Primary Care in 2015: A Survey with Selected Comparisons to 2005 Survey Data

Introduction. Direct primary care (DPC), a fee for membershiptype of practice, is an evolving innovative primary caredelivery model. Little is known about current membershipfees, insurance billing status, physician training, and patientpanel size in DPC practices. This study aimed to obtain currentdata for these variables, as well as additional demographicand financial indicators, and relate the findings to the HealthyPeople 2020 goals. It was predicted that DPC practices would(1) submit fewer claims to insurance, (2) have decreased membershipfees, (3) be primarily family medicine trained, and(4) have increased the projected patient panel size since 2005. Methods. An electronic survey was sent to DPC practices(n = 65) requesting location, membership fees, projectedpatient panel size, insurance billing status, training,and other demographic and financial indicators. Datawere aggregated, reported anonymously, and compared totwo prior characterizations of DPC practices done in 2005. Results. Thirty-eight of 65 (59%) practices responded to the2015 survey. The majority of respondents (84%) reported usingan EMR, offering physician email access (82%), 24-hour access(76%), same day appointments (92%), and wholesale labs (74%).Few respondents offered inpatient care (16%), obstetrics (3%),or financial/insurance consultant services. Eighty-eight percent(88%) of practices reported annual individual adult membershiprates between $500 and$1,499, decreased from 2005 where81% reported greater than a $1,500 annual fee. The proportion ofpractices who submit bills to insurance decreased from 75% in2005 to 11% in 2015. Fifty-six percent (56%) of practices reportedprojected patient panel size to be greater than 600, increasedfrom 40% in 2005. Family medicine physicians represented 87%of respondents, markedly different from 2005 when 62 - 77% ofDPC respondents were general internal medicine physicians. Conclusions. Most DPC practices no longer submit to insuranceand are family medicine trained. Comparedwith the previous sampling, DPC practices report decreasedmembership fees and increased projected panelsize. These trends may signify the DPC movement’sgrowth in application and scope. KS J Med 2017;10(1):3-6

Learning and practicing police craft

Purpose The authors consider current policy debates in the UK about the professionalisation of the police to respond to changing patterns of crime and, specifically, the suggestion that officers be educated to degree level. Drawing on the ethnographic evidence, the purpose of this paper is to focus attention on how officers learn, and continue to develop the applied, that is the craft aspects of the work of uniformed constables. Design/methodology/approach The authors draw on a long-term ethnographic project observing officers during the course of their duties. The focus is on the use of discretion and of particular powers. But in the course of the research, the authors also observe the way officers behave and the way they talk about their job. Findings The authors suggest that, while there may be a role for degree qualifications, attention needs to be paid to the practices the authors observe, practices that have long been the core craft skills of uniformed officers. Originality/value The authors suggest that, despite the emergence of cybercrime and other new forms of crime/threat, the evidence suggests that much has not. Not least, crime is not the only focus of police work. </jats:sec

Does stroke location predict walk speed response to gait rehabilitation?

Objectives Recovery of independent ambulation after stroke is a major goal. However, which rehabilitation regimen best benefits each individual is unknown and decisions are currently made on a subjective basis. Predictors of response to specific therapies would guide the type of therapy most appropriate for each patient. Although lesion topography is a strong predictor of upper limb response, walking involves more distributed functions. Earlier studies that assessed the cortico-spinal tract (CST) were negative, suggesting other structures may be important. Experimental Design: The relationship between lesion topography and response of walking speed to standard rehabilitation was assessed in 50 adult-onset patients using both volumetric measurement of CST lesion load and voxel-based lesion–symptom mapping (VLSM) to assess non-CST structures. Two functional mobility scales, the functional ambulation category (FAC) and the modified rivermead mobility index (MRMI) were also administered. Performance measures were obtained both at entry into the study (3–42 days post-stroke) and at the end of a 6-week course of therapy. Baseline score, age, time since stroke onset and white matter hyperintensities score were included as nuisance covariates in regression models. Principal Observations: CST damage independently predicted response to therapy for FAC and MRMI, but not for walk speed. However, using VLSM the latter was predicted by damage to the putamen, insula, external capsule and neighbouring white matter. Conclusions Walk speed response to rehabilitation was affected by damage involving the putamen and neighbouring structures but not the CST, while the latter had modest but significant impact on everyday functions of general mobility and gait

Assembly and architecture of the EBV B cell entry triggering complex.

Epstein-Barr Virus (EBV) is an enveloped double-stranded DNA virus of the gammaherpesvirinae sub-family that predominantly infects humans through epithelial cells and B cells. Three EBV glycoproteins, gH, gL and gp42, form a complex that targets EBV infection of B cells. Human leukocyte antigen (HLA) class II molecules expressed on B cells serve as the receptor for gp42, triggering membrane fusion and virus entry. The mechanistic role of gHgL in herpesvirus entry has been largely unresolved, but it is thought to regulate the activation of the virally-encoded gB protein, which acts as the primary fusogen. Here we study the assembly and function of the reconstituted B cell entry complex comprised of gHgL, gp42 and HLA class II. The structure from negative-stain electron microscopy provides a detailed snapshot of an intermediate state in EBV entry and highlights the potential for the triggering complex to bring the two membrane bilayers into proximity. Furthermore, gHgL interacts with a previously identified, functionally important hydrophobic pocket on gp42, defining the overall architecture of the complex and playing a critical role in membrane fusion activation. We propose a macroscopic model of the initiating events in EBV B cell fusion centered on the formation of the triggering complex in the context of both viral and host membranes. This model suggests how the triggering complex may bridge the two membrane bilayers, orienting critical regions of the N- and C- terminal ends of gHgL to promote the activation of gB and efficient membrane fusion

Father–toddler communication in low-income families: The role of paternal education and depressive symptoms

Using data from a racially and ethnically diverse sample of low-income fathers and their 2-year-old children who participated in the Early Head Start Research Evaluation Project (n = 80), the current study explored the association among paternal depressive symptoms and level of education, fathers’ language to their children, and children’s language skills. There were three main findings. First, there was large variability in the quality and quantity of language used during linguistic interactions between low-income fathers and their toddlers. Second, fathers with higher levels of education had children who spoke more (i.e. utterances) and had more diverse vocabularies (i.e. word types) than fathers with lower levels of education. However, fathers with more depressive symptoms had children with less grammatically complex language (i.e. smaller MLUs) than fathers with fewer depressive symptoms. Third, direct effects between fathers’ depressive symptoms and level of education and children’s language outcomes were partially mediated by fathers’ quantity and quality of language

Measuring productive vocabulary of toddlers in low-income families: concurrent and predictive validity of three sources of data

This study examined parental report as a source of information about toddlers’ productive vocabulary in 105 low-income families living in either urban or rural communities. Parental report using the MacArthur Communicative Development Inventory – Short Form (CDI) at child age 2;0 was compared to concurrent spontaneous speech measures and standardized language assessments, and the utility of each source of data for predicting receptive vocabulary at age 3;0 (Peabody Picture Vocabulary Test) was evaluated. Relations between language measures of interest and background variables such as maternal age, education, and race/ethnicity were also considered. Results showed that for the sample as a whole, parental report was moderately associated with other language measures at age 2;0 and accounted for unique variance in PPVT at age 3;0, controlling for child language skills derived from a standard cognitive assessment. However, predictive validity differed by community, being stronger in the rural than in the urban community. Implications of significant differences in background characteristics of mothers in the two sites are discussed