News & Analysis as of

Misappropriation Unauthorized Access

Non-Compete News: Using Defend Trade Secrets Act, California Court Stops Deletion of Misappropriated Confidential Information

by FordHarrison on

Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex...more

What Underlying Facts are Required to Assert a Valid CFAA Claim Based on “Exceeds Authorized Access” in Georgia?

by Seyfarth Shaw LLP on

The Computer Fraud and Abuse Act (“CFAA”) gives rise to an actionable claim if someone “knowingly access[es] a computer without authorization or exceed[s] authorized access.” 18 U.S.C. § 1030(a)(1). The term “exceeds...more

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

by Brooks Pierce on

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download...more

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

by 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

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

by King & Spalding on

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...more

Employees and “Authorized Access”: A Threat from Within?

Workplace privacy has become an increasingly challenging issue for employees and employers alike. With technological advancements, employers have enhanced visibility into employee behavior including their use of company...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

by Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Recent Cases Address Employer Efforts to Protect Confidential Information

by Nexsen Pruet, PLLC on

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and...more

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

Last month, a federal appeals court issued a ruling permitting an employer in Connecticut to pursue a claim against a former employee who allegedly misappropriated the employer's confidential information from outside the...more

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Cybersecurity

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