Shawn Tuma – BrittonTuma

7161 Bishop Road, Suite 220
Plano, Texas 75024, United States

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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
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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

Are LinkedIn Contacts Trade Secrets?

A judge “across the pond” ruled that an employee’s LinkedIn contacts were, in essence, trade secrets of his former employer where those contacts were created during the term of employment and mimicked the employer’s confidential…more
| Business Torts, Intellectual Property, Labor & Employment Law, Law Firm Marketing, Science, Computers, & Technology

Can stealing a CAR violate the Computer Fraud and Abuse Act?

Ford wants its cars connected to the Internet. By now we all know from my previous post on United States v. Kramer that the Computer Fraud and Abuse Act applies to anything with a microchip or data processor that is connected to…more
| Communications & Media Law, Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology

3 Recent Computer Fraud and Abuse Act Cases Worth Noting

Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give consumers…more
| Business Torts, Consumer Protection, Intellectual Property, Privacy, Science, Computers, & Technology

Computer Fraud and Abuse Act Update: Recent Cases

This article provides an update of recent cases involving the Computer Fraud and Abuse Act that have been decided over the last couple of weeks. One of particular interest, Yoder & Frey Auctioneers, Inc. v. Equipmentfacts, LLC,…more
| Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology

Citrin Lives! Dist. Ct. applies the agency theory of access in a post-Nosal Computer Fraud and Abuse Act case

The Intended Use Theory of access under the Computer Fraud and Abuse Act (“CFAA”) has been all the rage since the Ninth Circuit handed down its opinion in United States v. Nosal but that doesn’t mean the Agency Theory has gone…more
| Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology
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