News & Analysis as of

Fraud › Computer Fraud and Abuse Act (CFAA)

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Mintz - Intellectual Property Viewpoints

An Overview of Shotgun Pleadings in the Federal Courts

Mintz - Intellectual Property Viewpoints on

Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to...more

Proskauer - Blockchain and the Law

App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App

Proskauer - Blockchain and the Law on

Background - The issue of fraudulent crypto-related mobile apps has received much attention of late. Back in July 2022, the FBI issued a notice, warning financial institutions and investors about instances where criminals...more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

Bradley Arant Boult Cummings LLP on

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Fish & Richardson

From WarGames to Terms of Service: How the Supreme Court’s Review of Computer Fraud Abuse Act Will Impact Your Trade Secrets

Fish & Richardson on

Introduction - The Computer Fraud and Abuse Act (“CFAA”) is the embodiment of Congress’s first attempt to draft laws criminalizing computer hacking. It is rumored that the Act was influenced by the 1983 movie WarGames, in...more

King & Spalding

Another Cyber Coverage Gap? Some Carriers Resisting Coverage Of Commercial Cyber Fraud

King & Spalding on

In the fast-developing world of cyber threats and corresponding cyber coverage, at least two insurance carriers are pushing back against covering losses arising out the transfer of funds to cyber fraudsters after employees...more

Seyfarth Shaw LLP

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

Seyfarth Shaw LLP on

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

Ballard Spahr LLP

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

Ballard Spahr LLP on

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

Smith Anderson

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

Smith Anderson on

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more

Proskauer - New Media & Technology

No Expansion of CFAA Liability for Monetary Exploit of Software Bug

Proskauer - New Media & Technology on

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200? card. By the next turn, the proceeds are usually invested in properties and houses,...more

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