Shawn Tuma – Scheef & Stone, L.L.P.

Texas Broadens Unauthorized Access of Computer Law to Specifically Address Insider Misuse

Not that it was really needed, but Texas recently amended its unauthorized access of computers law to specifically address misuse by insiders. Many already read the prior version (one of the broadest) as already prohibiting…more

3 Key Takeaways About Texas’ Unauthorized Access Law

The Dallas Court of Appeals recently decided a civil case involving claims under Texas’ unauthorized access of computer law that provides some helpful guidance for this relatively new law that has very little case law construing…more

Just 1 iPhone? In 1977 it was Just 1 Pen Register #AppleVsFBI

The law develops by the process of incrementalism. That is, it is a slow, gradual development, step by tiny step. In the United States, judicial decisions that fill the gaps in between the constitutional and statutory law and…more

The “Legal” Reason the FBI’s Password Blunder Could Kill its Case in #AppleVsFBI

On December 6, 2015, FBI investigators reset the password of Farook’s iCloud account, taking what it believed was the logical next step to gain access to the iCloud backup data. Turns out, that was the wrong move. The phone had…more

Apple's Response to the FBI in Less Than 300 Words #AppleVsFBI

On February 25, 2016, Apple filed its Motion to Vacate the Court Order requiring it to assist the government. Here is a summary of Apple’s *legal arguments* in its Motion to Vacate in less than 300 words: The government wants…more

Texas Business Guide: Identifying and Protecting Trade Secrets Under the (New) Texas Uniform Trade Secrets Act

Texas businesses need a guide to help them identify and protect their trade secrets because the nature of today’s business environment demands that they either protect their valuable assets or someone else will take it from…more

Three Steps That Allow Companies to Use the Computer Fraud and Abuse Act for Misuse of Computers and Information – Even in the Ninth Circuit

Key Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable steps…more
| Labor & Employment Law, Privacy, Business Torts, Intellectual Property, Science, Computers, & Technology

Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator

SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the…more
| Business Torts, Communications & Media Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Kate Gosselin Sues Jon Gosselin for Violating the Computer Fraud and Abuse Act–Did She Adequately Plead a “Loss”?

When I do presentations on the Computer Fraud and Abuse Act, one of the issues I speak about is how we see CFAA issues arise in many unexpected cases such as those in the family law context. We now have another great example of…more
| Communications & Media Law, Family Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Jurisdiction for an International Computer Fraud Lawsuit?

The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the defendant…more
| Business Torts, Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology

Data Breach: Who's Gonna Get It?

The message–that’s what I’m talking about–who’s gonna get the message sent to them first? Data breaches, hacking, and privacy are one of the biggest news stories since 2011 and there is no sign that will be changing anytime…more
| Business Organizations, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Texas’ Amended Data Breach Notification Law Is Expansive

Texas amended its existing data breach notification law which became effective on September 1, 2012. The relevant section of the law is titled “Notification Required Following Breach of Security of Computerized Data” and is…more
| Communications & Media Law, Consumer Protection, Intellectual Property, Privacy, Science, Computers, & Technology

Fifth Circuit Finds Company Not Liable for Alleged Violations of Computer Fraud and Abuse Act and Electronic Communications Privacy Act by its Regional Manager

Do alleged violations of the Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act committed by a company’s Regional Manager make the company liable? No, as long as the Regional Manager was not acting on…more
| Communications & Media Law, Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology

Social Media Policy Must Have: when are they on the clock?

If your company has employees managing its social media you better have a policy that makes it clear when they are "on the clock" and "off the clock" or you could end up in trouble for violating the Fair Labor Standards Act…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Your business needs a social media policy and this is why

It is foolish to not have one. Having a social media policy is like having a Will for your businesses’ branding and marketing efforts and the cost of getting that policy will likely be less than the bill for the first day in…more
| Business Torts, Communications & Media Law, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology
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