News & Analysis as of

Data Theft Computer Fraud and Abuse Act (CFAA)

Seyfarth Shaw LLP

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

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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

Dorsey & Whitney LLP

It’s Easier for Employers to Sue for Data Theft

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Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data...more

Dorsey & Whitney LLP

‘Cannibal Cop’ Decision Restrains Employers

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Second Circuit ruling on data theft creates more inconsistency regarding federal law’s reach. In December, a divided panel of the U.S. Court of Appeals for the Second Circuit in U.S. v. Valle interpreted the Computer...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

Proskauer - California Employment Law

Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients

Here’s a recent victory we obtained on behalf of our clients SunEdison, Inc., et al. The individual defendants (then-current employees of SunPower, Inc.) were alleged to have violated the federal Computer Fraud and Abuse Act...more

Seyfarth Shaw LLP

Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks

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In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more

Mintz - Privacy & Cybersecurity Viewpoints

Responding to Insider Data Theft

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jonathan Cain and Paul Pelletier’s Responding to Insider Data Theft & Disclosure presentation. Jonathan and Paul discussed how distinguishing...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Federal Criminal Conviction for Accessing Former Employer's Database

The federal Computer Fraud and Abuse Act (CFAA) was primarily intended to deter and punish database hacking by third parties. Employers involved in disputes with former employees have attempted to use CFAA in response to...more

Stoel Rives LLP

David Nosal, Employee Data Theft, and Why Employment Lawyers Should Understand Their Clients' IT Infrastructure

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Earlier this month, a federal judge in San Francisco sentenced David Nosal to a year in prison, three years’ supervised release, 400 hours of community service, and $60,000 in fines. His crime? Nosal violated the Computer...more

Dorsey & Whitney LLP

The Conflicting Rulings on Employee Data Theft

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Employers should include access restrictions in agreements, limit access with technology and consider the jurisdiction. In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime...more

Fenwick & West LLP

Historic Patent Act Whets Washington's Appetite

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On March 16, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to patent law in half a century, and was hotly debated over nearly a decade. The...more

Burr & Forman

The Computer Fraud And Abuse Act, And Protecting Employer’s Electronic Data

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The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In...more

Dorsey & Whitney LLP

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

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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

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