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Trade Secrets › Computer Fraud and Abuse Act (CFAA) › Unauthorized Access

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 -
Freeman Law

U.S. Supreme Court Narrows Computer Fraud & Abuse Act

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The U.S. Supreme Court recent decision in Van Buren v. United States significantly impacts the scope of the Computer Fraud & Abuse Act (“CFAA”).  The case carries implications for computer fraud prosecutions, employee abuse...more

Jackson Walker

Supreme Court Restricts Use of Computer Fraud and Abuse Act

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In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

New Georgia Decision Clarifies Scope Of Computer Trespass Statute

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Just as the United States Supreme Court recently limited the reach of the federal Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States, the Georgia Supreme Court has now reined in the Georgia state law...more

Womble Bond Dickinson

SCOTUS Ruling Narrows Computer Fraud Law

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Highlights - The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA). - The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

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In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more

Proskauer - New Media & Technology

Supreme Court Ends Long-Running Circuit Split over CFAA “Exceeds Authorized Access” Issue, Adopting a Narrow Interpretation That...

Proskauer - New Media & Technology on

In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Prohibits Use of Federal “Anti-Hacking” Law Against Those Who Use Otherwise Authorized Access for Improper Purpose

McDonnell Boehnen Hulbert & Berghoff LLP on

In Van Buren v. United States, the Supreme Court faced the difficult task of determining whether the opaquely-written Computer Fraud and Abuse Act (“CFAA”) would apply to situations in which a person who was authorized to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Van Buren v. United States (2021)

McDonnell Boehnen Hulbert & Berghoff LLP on

Supreme Court Narrows Federal "Anti-Hacking" Law to Exclude Enforcement Against Those Who Use Otherwise Authorized Access for Improper Purpose - There is a well-worn legal maxim that "hard cases make bad law."  In deciding...more

Constangy, Brooks, Smith & Prophete, LLP

CFAA Conviction Requires Some Kind Of A "Hack," Supreme Court Says

Constangy, Brooks, Smith & Prophete, LLP on

Mere "misuse" of information is not enough. The U.S. Supreme Court decided yesterday that a criminal conviction under the Computer Fraud and Abuse Act cannot be based merely on misusing information obtained through a...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

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Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Proskauer - New Media & Technology

Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation

Proskauer - New Media & Technology on

In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of...more

Holland & Knight LLP

Authorized Access of Proprietary Information and Impact on CFAA Claim

Holland & Knight LLP on

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

Proskauer - New Media & Technology

Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts

Proskauer - New Media & Technology on

This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly scraped a large amount of proprietary data from its closed site via several...more

Sherman & Howard L.L.C.

Loving the Competition

Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Orrick - Trade Secrets Group

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Orrick - Trade Secrets Group on

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

Foley & Lardner LLP

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

Patterson Belknap Webb & Tyler LLP

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

Patterson Belknap Webb & Tyler LLP on

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Seyfarth Shaw LLP

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Orrick - Trade Secrets Group

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

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The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

Dorsey & Whitney LLP

It’s Easier for Employers to Sue for Data Theft

Dorsey & Whitney LLP on

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

Nossaman LLP

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

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Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Brooks Pierce

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

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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

Brooks Pierce

Taking a Walk Back to a Kinder, Gentler Interpretation of the Computer Fraud and Abuse Act

Brooks Pierce on

We don’t usually talk about four-year-old court decisions in the first instance here. But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks. And...more

Ballard Spahr LLP

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

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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

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