News & Analysis as of

Work Computer

Just When You Thought It Was Safe To Use Your Company Computer*

by Farrell Fritz, P.C. on

In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable...more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

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

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

by Dickinson Wright on

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more

When Employees Leave With Your Secrets

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

Three Things Employers Need To Know About Cyber Monday 2016

by Fisher Phillips on

This Monday after Thanksgiving – also known as Cyber Monday – is expected to be the largest online shopping day in history. Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $3.1 billion,...more

Before Asking for Sanctions, Check the Recycle Bin

by Zapproved LLC on

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed,...more

News of Note

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Computer Fraud and Abuse Act Ruling: Did the Ninth Circuit Just Criminalize Password Sharing?

by Seyfarth Shaw LLP on

Not exactly. A divided Ninth Circuit panel recently affirmed the conviction of a former employee under the Computer Fraud and Abuse Act (“CFAA”), holding that “[u]nequivocal revocation of computer access closes both the front...more

Computer Fraud and Abuse Act: Dissent claims that new Ninth Circuit case criminalizes password sharing

by Butler Snow LLP on

Danny Defendant, employed by Acme Widget Co., quits. Acme, of course, disables the password that Danny had used to access the Acme computer system. Danny then asks a friend, who still works at Acme, for her password. She...more

More Guidelines on Data Privacy Compliant Use and Monitoring of Internet and Emails in the Workplace in Germany

by Orrick - Trust Anchor on

Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee’s consent. Orrick’s German employment team published a client newsletter about this...more

Benefits of using thin and zero client’s vs desktop PC’s

What are “thin clients” and their close cousins “zero client devices”? You probably have a desktop computer or laptop computer at work and all the software you use is installed on that computer. Although your data is...more

Employers in Germany May Now be Able to Check Browsing History of Work Computers

In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional...more

OCR fines MN hospital system $1.55 million for not having BAA with billing vendor

On March 16, 2016, the Office for Civil Rights (OCR) issued a press release announcing that it has settled its investigation of North Memorial Health Care System (NMHCS), located in Minnesota, for $1.55 million saying that...more

Missing laptop returned after Premier Healthcare reports data breach of 205,748 patients

Premier Healthcare, a multi-specialty group located in Bloomington, Illinois, announced in early March that an unencrypted laptop has been missing from its billing department since early January and started notifying affected...more

Protecting Trade Secrets From Theft By Ex-Employees

by Fisher Phillips on

In late 2015, Atlantic Marine Construction Company, a Virginia Beach construction company, filed a lawsuit against a former Vice President of Construction and his new employer, alleging various causes of action arising out of...more

Recent Decision Highlights Important Pleading Requirements for Computer Fraud and Abuse Act Claims

by Seyfarth Shaw LLP on

Ever since Iqbal and Twombly, it has become imperative that a complaint filed in federal court contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v....more

Sanctions for Bringing a Computer Fraud and Abuse Act Claim?

by Fisher Phillips on

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the...more

Breaking News: Hacker’s Conviction Affirmed Despite Lower Court’s Error

This week, the United States Supreme Court upheld a conviction under the Computer Fraud and Abuse Act despite the Court’s acknowledgement that the jury had been wrongfully instructed on the elements of the crime charged. ...more

Supreme Court Issues CFAA decision in Michael Musacchio v. United States

by Orrick - Trust Anchor on

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After leaving his employer to start his own company, the defendant (a former...more

Rules on Monitoring an Employee’s Private Internet Use at Work: a new ECHR decision

by Bryan Cave on

In a decision rendered on January 12, 2016, the European Court of Human Rights (“ECHR”) held that the dismissal of an employee for having used his professional email account for personal purposes during working hours did not...more

Feds focus on damage to computers as basis for Computer Fraud and Abuse Act prosecution

Last week, a federal judge sentenced Yijia Zhang, a computer systems manager, to 31 months in federal prison for transferring thousands of his employer’s electronic files to European storage sites. The case highlights the...more

Employers’ Thanksgiving Plans Should Include Cyber Monday Prep: Are Your Computer Policies Up to Date?

by Reed Smith on

No online shopping day is bigger than Cyber Monday. According to the National Retail Federation, an estimated 127 million people shopped on Cyber Monday last year—significantly more than the estimated 87 million in-store,...more

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

by Seyfarth Shaw LLP on

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

Seventh Circuit rules hospital system is not a Consumer Reporting Agency under FCRA

Is a hospital a “consumer reporting agency”? Can a health care provider be liable under the Fair Credit Reporting Act (FCRA) in the event of a data breach? The Seventh Circuit Court of Appeals recently considered these...more

33 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.