Data Security, Computer Fraud and Abuse Act (CFAA), Former Employee

Authorized Access of Proprietary Information and Impact on CFAA Claim

Holland & Knight LLP on 7/29/2019

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

Tennessee District Court Deepens The “Without Authorization” Divide Under The Computer Fraud And Abuse Act

Fox Rothschild LLP on 6/14/2019

A Tennessee District Court recently ruled in Wachter Inc. v. Cabling Innovations, LLC, 3:18-cv-00488 (W.D. Tenn. May 7, 2019) that two former employees with permitted access to company computers were not liable under the...more

District Court Finds No CFAA Violation Where Employee Shares Confidential Company Information With Competitor

Jackson Lewis P.C. on 5/23/2019

A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a...more

You’ve Got My Mail: Court Rejects Challenge to Employer’s Computer Access

Zuckerman Spaeder LLP on 5/21/2019

Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files. For example, the National Institute for Newman Studies is devoted to...more

Security Breached – Tips for Mitigating and Protecting Private Information from Inside and Outside Threats

Fisher Phillips on 3/26/2018

If you’re going to demote or terminate your in-house tech expert, you should plan that event very carefully. Our firm is now helping a client with damage control and data recovery upon discovering – a week after their...more

SCOTUS Will Not Review CFAA Password Sharing Case

Jackson Lewis P.C. on 11/14/2017

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Company Awarded Damages After Former Employee Hacks Its Systems And Hijacks Its Website

Jackson Lewis P.C. on 5/9/2017

A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal...more

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

Jackson Lewis P.C. on 3/9/2017

A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

Orrick, Herrington & Sutcliffe LLP on 7/28/2016

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

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

Ballard Spahr LLP on 7/18/2016

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

Cybersecurity and Data Privacy and E-Discovery and Information Management: Second Circuit Draws Line Between Employees and Hackers...

Bond Schoeneck & King PLLC on 12/17/2015

Employers in New York face a heightened hurdle to holding employees legally accountable for theft and other misuse of company data after the Second Circuit’s recent decision in United States v. Valle. The Court has held that...more

Data Security › Computer Fraud and Abuse Act (CFAA) › Former Employee