Data Security, Trade Secrets, Computer Fraud and Abuse Act (CFAA)

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

Fisher Phillips on 11/6/2020

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

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

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

Proskauer - New Media & Technology on 6/21/2018

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

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

The “Cannibal Cop” and Protection of Computerized Data

Patterson Belknap Webb & Tyler LLP on 12/10/2015

In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

Morgan Lewis on 10/6/2015

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

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