News & Analysis as of

Computer Fraud and Abuse Act (CFAA)

Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed

by Reed Smith on

A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in...more

Consumer Financial Data Aggregation & the Potential for Regulatory Intervention

A confluence of regulatory activity and policy debates seems to be laying the groundwork for future regulation of consumer financial data aggregation activities. The outcome of these activities could significantly affect how...more

What Would the Perfect Employee Agreement Look Like?

Lawyers strive for perfection in their work, but time constraints, budgets, and other factors work against us. Also, perfection is not always the same thing in every circumstance. It is interesting, however, to contemplate...more

Employer Grabs the Driver’s Seat on Electronic Privacy Claims

by PretiFlaherty on

Most employment laws are like a one-way street, where the only party with the ability to drive a claim is the employee. When it comes to electronic privacy, however, some federal statutes allow for two-way traffic. ...more

The Ninth Circuit Holds that California’s Anti-Hacking Law, Penal Code Section 502, does not Proscribe Unauthorized “Access” to a...

by Nossaman LLP on

California’s Computer Data Access And Fraud Act, Cal. Pen. Code, § 502 (“CDAFA”) is a state law analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”). Both are aimed at fighting unauthorized...more

The Computer Fraud and Abuse Act Will Need To Wait Another Day In The Commercial Division

Justice Shirley Kornreich recently issued one of the few New York state court decisions that address the Computer Fraud and Abuse Act (“CFAA”). Spec Simple, Inc. v. Designer Pages Online LLC, No. 651860/2015, 2017 BL...more

Update: Case Involving Sharing Of Passwords May Be Headed To The Supreme Court

by Jackson Lewis P.C. on

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database...more

Cybersecurity, A-Z: C is for CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal “anti-hacking” statute (or sometimes referred to as a “computer trespass” statute). In essence, the CFAA prohibits intentional unauthorized access into another...more

Company Awarded Damages After Former Employee Hacks Its Systems And Hijacks Its Website

by Jackson Lewis P.C. on

A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal...more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Four Indicted On Charges Related To Yahoo Hacks

by King & Spalding on

On March 15, 2017, the United States announced the indictment of four defendants for their roles in the hacks of Yahoo’s network, systems, and user accounts. The indictment stems from an investigation conducted by the Federal...more

(Alleged) Spammer Squares Off With (Alleged) Hacker, Highlighting Risk of Cyber Threats

What’s in a name? Obviously a lot, as businesses in all industries invest significant time and money to protect their reputations. But, in some sectors, the line between positive and pejorative can be quite thin. Take...more

Workplace Investigations and Privacy of Electronic Communications

by PretiFlaherty on

The situation is common enough: an employee is alleged to have engaged in misconduct and, as part of its investigation, the employer decides to search the employee’s company-issued computer for any relevant documents and...more

Companies May Soon Have a New Defense Against Cyber-Attacks

by Jackson Lewis P.C. on

The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and...more

Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

by Jackson Lewis P.C. on

A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

Cybersecurity, A-Z: A is for Active Cyber Defense

(First in a continuing series.) Active Cyber Defense, or ACD, is a broad category encompassing different kinds of actions that organizations can take to defend against breaches and cyberattacks. The operative word is...more

Dickinson Wright Defends Trek, Inc. – An Industrial Equipment Supplier – Against A Motion To Dismiss Or Transfer

by Dickinson Wright on

John S.Artz (Member, Troy) and Chelsea M. Smialek (Associate, Washington, D.C.), successfully defended against a motion to dismiss or transfer based on the first-to-file doctrine in a dispute between two suppliers of...more

California District Court Addresses Whistleblower’s Self-Help

In Erhart v. BofI Holding, Inc., Case No. 15-cv-02287, (S.D. Cal. Feb. 14, 2017), a bank’s internal auditor reported alleged misconduct to federal agencies, engaged in self-help discovery by appropriating the bank’s...more

NC Business Court: What Is Intrusion Into Seclusion?

by Brooks Pierce on

I had never heard before of a "privacy tort" claim for "intrusion into seclusion." But it exists in North Carolina per Judge Gale's Opinion in Dishner v. Goneau, 2017 NCBC 7, decided in the NC Business Court this week....more

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

by Taylor English Duma LLP on

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is...more

Proskauer Represents Employer Against Former Executive Found Liable for Snooping on Boss’s and Others’ Emails

A former employee of the upscale outdoor furniture designer and manufacturer Brown Jordan recently failed in his bid to pursue whistleblower retaliation claims against the company and also found himself liable for snooping on...more

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

by Butler Snow LLP on

The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v....more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

You Asked: Can My Employees Hack My Company?

by Baker Donelson on

Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more

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Cybersecurity

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