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John Arszulowicz is an associate in Crowell & Moring’s Washington, D.C. office and a member of the Tax and International Trade groups. John’s practice focuses on advising clients on tax controversy, tax planning, trade remedies, and import regulatory compliance matters. John also supports the firm’s Corporate Group on asset-based and real estate loans and loan restructures. In addition, John supports the firm’s U.S. Food and Drug Administration (FDA) matters. John’s experience includes researching and summarizing numerous compliance and liability concerns for the distribution and labeling of FDA-regulated products granted an Emergency Use Authorization or enforcement discretion exception during the nation’s COVID-19 response. Prior to joining Crowell & Moring, John was a credentialed agency official at the FDA, where he completed the FDA’s basic food and drug law course. John was also a summer intern at the U.S. Department of Labor, Office of the Solicitor. During this summer internship, John was involved in a variety of Employee Retirement Income Security Act of 1974 (ERISA) matters. John was selected as a Gary S. Tell ERISA Litigation Scholar.

Recent United States Department of Justice (“DOJ”) indictments of Chinese hackers provide a reminder that trade secrets and other intellectual property stored on databases are attractive targets to bad actors. The DOJ announced that seven international defendants were charged in connection with computer intrusion campaigns impacting more than 100 victims in the United States and abroad.

The victims of the cyberattacks included software development companies, computer hardware manufacturers, telecommunications providers, social media companies, video game companies, non-profit organizations, universities, think tanks, and foreign governments. The hacking facilitated the theft of source code, software code signing certificates, customer account data, and other valuable business information. These cyberattacks also enabled the defendants’ other criminal schemes, including ransomware attacks and “crypto-jacking” schemes, which involve the unauthorized use of victim computers to “mine” cryptocurrency.


Continue Reading DOJ Indictment of Chinese Hackers for Break-Ins at 100 Companies Reinforces The Importance of Protecting Trade Secrets and Implementing Security Protections

On October 7, 2019, the U.S. Department of Justice (“DOJ”) issued a Step-by-Step Guide for Determining if Commercial or Financial Information Obtained from a Person is Confidential Under Exemption 4 of the FOIA. The Step-by-Step Guide is used by agencies, in conjunction with guidance from the Office of Information Policy (“OIP”) to determine whether commercial or financial information provided by a person is “confidential” under FOIA Exemption 4. FOIA Exemption 4 protects trade secrets and commercial information that is privileged or confidential. The DOJ Guidance is another tool that can be used by practitioners to determine when information must be disclosed under a FOIA Request.

The DOJ Guidance followed on the heels of the Supreme Court’s decision in in Food Marketing Institute v. Argus Leader Media (described in a previous blog post) where the Supreme Court addressed the question of “when does information provided to a federal agency qualify as confidential.” The Supreme Court held that information is confidential and protected if: (1) the information is “customarily kept private, or at least closely held” and (2) where the receiving party provides “some assurance” that the information will be kept secret.

The DOJ Guidance outlines three questions to help determine if information is confidential under FOIA Exemption 4.
Continue Reading DOJ Step-by-Step Guidance to Determine if Trade Secrets are Confidential Under the Freedom of Information Act (FOIA)

In an effort to further combat the international theft of intellectual property, the U.S. government has taken multiple steps to restrict certain companies’ ability to operate within the United States and to prevent those companies from profiting off of their illegal activities. The governmental activity also underscored the increasingly important role that tech companies have in the administration’s national security policies.

Earlier this year, the President signed into law. H.R. 4998, the Secure and Trusted Communications Networks Act of 2019 (‘the Legislation”), which prohibits certain Federal subsidies from being used to purchase communications equipment or services from Huawei and other providers that are deemed to pose a risk to national security.
Continue Reading Tech Companies, National Security, Trade Secrets, and the Increased Controls on the Export of Emerging Technologies