US v Nosal

News & Analysis as of

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

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

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco. So we figured it may be a good time to review both sides’ arguments related to the...more

Nosal Returns to the Ninth Circuit Posing the Question: Is a Password a Sufficient “Technological Access Barrier” Under the CFAA?

Observers following the legal issues surrounding the prosecution of David Nosal will be watching closely in 2015 as the former Korn Ferry executive returns to the Ninth Circuit to appeal his 2013 conviction on three counts of...more

The Conflicting Rulings on Employee Data Theft

Employers should include access restrictions in agreements, limit access with technology and consider the jurisdiction. In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime...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

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

Ninth Circuit Scales Back CFAA Application to Data Misappropriation Cases

Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more

The 9th Circuit: Employees Are Free to Steal from the Company Computers

Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the...more

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