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Electronically Stored Information Former Employee

Association of Certified E-Discovery...

[Webinar] Considerations and Strategies for Preserving and Analyzing Critical Data - April 23rd, 10:00 am PDT

When employees depart – voluntarily or involuntarily – they often leave behind a digital footprint that may be critical to investigations, litigation, or regulatory compliance. Ensuring their data is properly identified,...more

Association of Certified E-Discovery...

Both Sides of the Coin: Employment Separation from Two Perspectives

Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been...more

EDRM - Electronic Discovery Reference Model

3 Strategies for BYOD Risk Mitigation with Departing Employees

Companies continue to adopt Bring Your Own Device (BYOD) policies to save money and relieve employees of the “two-phone burden.” However, such policies come with clear risks. Companies must remain particularly concerned when...more

Association of Certified E-Discovery...

[Webinar] How to Ensure Departing Employees Don't Turn Into Insider Threats - May 18th, 1:00 pm - 2:00 pm EDT

Offboarding employees after they've resigned or been terminated is largely a routine process; they turn in their devices, which can then be imaged and archived. But are you routinely investigating their computer activity...more

Association of Certified E-Discovery...

Digital Forensics: A Look into Employee Data Theft Investigations

Employee data theft happens frequently, and especially in current times where employees are leaving or being terminated. Some may be due to layoffs while others may leave for personal or other reasons. However, there is...more

Reveal

How to protect your company’s knowledge during the Great Resignation

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Our Chief Operating Officer, Kelly Griswold, recently wrote an article for Information Week titled, “The Great Resignation: How to Combat the Knowledge Drain Effect,” where she discussed two key approaches for preserving...more

HaystackID

[Webcast Transcript] From the Enterprise to Individuals: Are You Mitigating Departing Employee Risk?

HaystackID on

On December 3, 2020, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on considerations and approaches that can help organizations proactively and reactively...more

Association of Certified E-Discovery...

Departing Employees, Data Theft, and Digital Forensics

In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more

Esquire Deposition Solutions, LLC

Deposing Forensic Experts and Former Employees Regarding ESI - Part III

Trial counsel’s ability to make skilled use of electronically stored information is often outcome-determinative in modern litigation. ESI, however, can be difficult to locate within an opponent’s often sprawling computer...more

Esquire Deposition Solutions, LLC

The Five Types of Depositions That Flow from Obtaining ESI and E-Discovery - Part I

Litigation counsel today routinely engage with large quantities of digital evidence, often with case outcomes turning on the advocate’s success at unearthing or preserving relevant electronically stored information (ESI). As...more

Fox Rothschild LLP

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

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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

Orrick - Trade Secrets Group

Fishing For ESI

When National Fish and Seafood’s (NFS) head of research left for a new opportunity at Tampa Bay Fisheries, she may not have taken just her talents to the competition. ...more

Flaster Greenberg PC

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

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When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Orrick - Trade Secrets Group

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

Sheppard Mullin Richter & Hampton LLP

Jury Returns Verdict in Favor of Dollar Tree in Electronic Wage Statement Class Action

On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen....more

Patterson Belknap Webb & Tyler LLP

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Seyfarth Shaw LLP

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

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On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Orrick - Trade Secrets Group

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

Mintz - Intellectual Property Viewpoints

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

Jackson Lewis P.C.

Review Of Previously Opened Email May Violate SCA

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In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more

Nossaman LLP

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

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In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

Nossaman LLP

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

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Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Ballard Spahr LLP

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

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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

Morgan Lewis

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

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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

K&L Gates LLP

50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

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An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of...more

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