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Data Security Former Employee

Jackson Lewis P.C.

Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices

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With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the...more

Association of Certified E-Discovery...

Both Sides of the Coin: Employment Separation from Two Perspectives

Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been...more

Bradley Arant Boult Cummings LLP

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Troutman Pepper

The New Face of Corporate Espionage and What Can Be Done About It

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When I tell people that my law practice is heavily focused on corporate espionage litigation and investigations, the typical response is, “Oh, that sounds really cool.” The word espionage brings to mind secret agents stealing...more

Fisher Phillips

Forecast: March 2022 Edition

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Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

Association of Certified E-Discovery...

Departing Employees, Data Theft, and Digital Forensics

In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more

Holland & Knight LLP

Authorized Access of Proprietary Information and Impact on CFAA Claim

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Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business. In these inevitable scenarios, the loss – potential or actual – of the company's...more

Fox Rothschild LLP

Tennessee District Court Deepens The “Without Authorization” Divide Under The Computer Fraud And Abuse Act

Fox Rothschild LLP on

A Tennessee District Court recently ruled in Wachter Inc. v. Cabling Innovations, LLC, 3:18-cv-00488 (W.D. Tenn. May 7, 2019) that two former employees with permitted access to company computers were not liable under the...more

Jackson Lewis P.C.

District Court Finds No CFAA Violation Where Employee Shares Confidential Company Information With Competitor

Jackson Lewis P.C. on

A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a...more

Zuckerman Spaeder LLP

You’ve Got My Mail: Court Rejects Challenge to Employer’s Computer Access

Zuckerman Spaeder LLP on

Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files. For example, the National Institute for Newman Studies is devoted to...more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

Butler Snow LLP on

A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Sherman & Howard L.L.C.

Facebook-Hacking Employer Still Gets Injunction Against Ex-Employees

Scherer Design Group (“SDG”) sued several of its former employees for starting a competing business (while still employed), stealing trade secrets, and stealing clients. The trial court entered an injunction against the...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

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In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

Fenwick & West LLP

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Fisher Phillips

Security Breached – Tips for Mitigating and Protecting Private Information from Inside and Outside Threats

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If you’re going to demote or terminate your in-house tech expert, you should plan that event very carefully. Our firm is now helping a client with damage control and data recovery upon discovering – a week after their...more

Fisher Phillips

Can Silicon Valley Keep a (Trade) Secret?

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The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more

Jackson Lewis P.C.

SCOTUS Will Not Review CFAA Password Sharing Case

Jackson Lewis P.C. on

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Baker Donelson

Living in the Clouds: Is Your Business Data at Risk Because of a Disgruntled Employee?

Baker Donelson on

TheCloud: Good Morning! TheCloud is a leading cloud-based provider, striving to secure your apps, email and confidential data in the cloud. How may we help you today? Mr. Techie: My name is Mr. TechieTechie, I’m the CEO...more

Jackson Lewis P.C.

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

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

Jackson Lewis P.C.

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

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

Orrick, Herrington & Sutcliffe LLP

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

Ballard Spahr LLP

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

Ballard Spahr LLP on

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Bond Schoeneck & King PLLC

Cybersecurity and Data Privacy and E-Discovery and Information Management: Second Circuit Draws Line Between Employees and Hackers...

Employers in New York face a heightened hurdle to holding employees legally accountable for theft and other misuse of company data after the Second Circuit’s recent decision in United States v. Valle. The Court has held that...more

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