Nick Akerman – Dorsey & Whitney LLP

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New York, New York 10019-6119, United States

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A Weapon Against Hackers on Home Front

Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to nation-state hackers like China, which have reportedly accessed and stolen highly con­fidential data by entering…more
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The Conflicting Rules on Employee Data Theft

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not…more
| Civil Remedies, Criminal Law, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

High Court May Rule on Computer Law Question

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
| Civil Remedies, Criminal Law, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

The 9th Circuit: Employees Are Free to Steal from the Company Computers

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
| Civil Remedies, Criminal Law, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

Company computer policies risk becoming obsolete -- Policies must reflect new laws and court decisions on data theft, social networking and cloud computing.

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
| Civil Remedies, Criminal Law, Labor & Employment Law, Science, Computers, & Technology, Privacy

Holding Passwords Hostage - International Extortion Foiled

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
| Civil Remedies, Criminal Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Think You Own Your LinkedIn, Twitter and Facebook Account? Think Again.

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
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

Can You Go to Jail for Lying on Facebook?

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
| Constitutional Law, Criminal Law, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

After Last Week’s Oral Argument Will the 9th Circuit Reverse Its Decision that the Computer Fraud and Abuse Act Applies to Employees?

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
| Civil Remedies, Criminal Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

After Last Week's Oral Argument Will the 9th Circuit Reverse Its Decision that the Computer Fraud and Abuse Act Applies to Employees?

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
| Civil Remedies, Criminal Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Suing Employees for Computer Fraud Gets Easier

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
| Civil Remedies, Criminal Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

Unauthorized Access of President Obama's Student Loan Data Ends in Computer Fraud Conviction

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
| Criminal Law, Labor & Employment Law, Science, Computers, & Technology, Privacy, Government Contracting

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer's Voice and Email Systems?

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
| Civil Remedies, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology, Business Torts

Will News Corp. Executives and Reporters Be Charged with Criminal Violations of the Computer Fraud and Abuse Act?

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
| Business Torts, Criminal Law, International Law & Trade, Privacy, Science, Computers, & Technology

Practical Steps in Responding to a Data Breach

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
| Civil Remedies, Commercial Law & Contracts, Science, Computers, & Technology, Consumer Protection, Privacy
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