Trade Secrets Computer Fraud and Abuse Act

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
News & Analysis as of

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

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

BREAKING: David Nosal Sentenced To Prison On CFAA Computer Intrusion And Trade Secret Charges

Former Korn/Ferry recruiter David Nosal was sentenced to one year and one day in prison on Wednesday for violating the federal Computer Fraud and Abuse Act and the Economic Espionage Act. In April, a federal jury in...more

Don’t Do the Crime If You Can’t Do The Time: Top 10 Criminal Trade Secret Sentences

Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more

Give And Take: Lofgren’s Twin Trade Secret Bills Would Curtail Actions Under One Law, Expand Them Under Another

When Rep. Zoe Lofgren, the Silicon Valley Democrat, introduced a pair of bills last month on trade secret misappropriation, we puzzled over her purpose. ...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

Historic Patent Act Whets Washington's Appetite

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

(Practically) No Comment: White House Plea For Public Input On Trade Secret Theft Draws 13 Responses

When the White House rolled out its new strategy for combating trade secret theft, Attorney General Eric Holder warned ominously of “a significant and steadily increasing threat to America’s economic and national security...more

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

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

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

Recent Developments In Information Technology Law - First Quarter 2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

The Rising Threat Of Trade Secrets Theft

One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more

Recent Cases Address Employer Efforts to Protect Confidential Information

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

What's New in the World of Non-Competes and Trade Secrets?

As January draws to a close, we figured it seemed like a good time to take stock of where things stand in the world of non-competes and trade secrets....more

Circuit Split: How Does the CFAA Apply to Employment Cases?

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA), is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

Courts Give the Computer Fraud and Abuse Act a Narrow Reading Post-Nosal

The Computer Fraud and Abuse Act (CFAA) has become a powerful weapon in the trade secret litigator’s arsenal. An employee who accesses his or her employer’s computer files in the days or weeks before leaving for a competitor...more

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