On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not…more
Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the…more
Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook…more
In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into…more
You may not, as reflected in the recently reported decision of Eagle v. Morgan, 2011 WL 6739448 (E.D. Pa. December 22, 2011) where both the employee and her former employer claim ownership in the employee’s LinkedIn…more
During last week’s oral argument before the 9th Circuit Court of Appeals on the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011), members of the Court, including most notably…more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on the…more
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on…more
Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to…more
The proof at trial was wholly circumstantial, but, as the court found, was sufficient for the jury to convict. As the court explained, “the government introduced evidence establishing that on August 27, 2008, Teague's…more
The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for…more
The New York Times recently reported that the UK telephone hacking scandal could result in News Corp. and its executives being charged in the United States with criminal violations of the Foreign Corrupt Practices Act, Title 15,…more
What does a company do if it is faced with a possible or actual breach of customer, employee or shareholder personal data? California enacted the first state data breach notification law in 2003, obligating companies to notify…more
In California, Washington, Oregon, Alaska, Montana, Arizona, Nevada and Idaho – states covered by the 9th Circuit Court of Appeals -- the answer as of yesterday is an emphatic “YES.” In U.S. v. Nosal, 2011 WL…more
There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal…more
