Unauthorized Access

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A Weapon Against Hackers on Home Front

Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to nation-state hackers like China, which have reportedly accessed and stolen highly con­fidential data by...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

Keeping Up With the Kardashians Is NOT a Defense Under HIPAA

The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection with the unauthorized access to patient medical records. The firings occurred in the days following the birth of reality...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

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

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

South Carolina Ruling Raises Uncertainty Regarding Liability for Accessing Others’ Webmail Accounts Without Permission

On October 10, 2012, the South Carolina Supreme Court handed down its ruling in Jennings v. Jennings. The court was faced with the challenge of interpreting a somewhat ambiguous provision in the Stored Communications Act...more

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