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Pennsylvania Court Rejects Request to Create Common Law Duty to Protect Sensitive Personal and Financial Information

A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more

Is your confidential information “property” if it does not qualify as a trade secret?

The answer likely is “no” according to a recent decision from a federal court in San Francisco. The plaintiff in that case, a data storage company, alleged that a competitor misappropriated its trade secrets by illegally...more

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Circuit Split: How Does the CFAA Apply to Employment Cases?

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more

Ninth Circuit Scales Back CFAA Application to Data Misappropriation Cases

Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

4th Circuit Issues Employee Friendly CFAA Opinion

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030. Last...more

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...more

Employee Mobility Alert: Ends versus Means: Courts Vary in Their Interpretation of Employee Liability under the Computer Fraud and...

The federal courts are currently split on the question of whether an employee can be held civilly liable under the Computer Fraud and Abuse Act (CFAA) for misappropriating confidential company information that the employee is...more

Monitoring Employees: Striking a Balance

The monitoring of employees’ electronic communications can be undertaken for various reasons, and is now standard practice among most, if not all, employers. However, when undertaking such monitoring, employers must ensure...more

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