Misappropriation, Unauthorized Access, 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

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

Patterson Belknap Webb & Tyler LLP on 10/16/2017

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

What Underlying Facts are Required to Assert a Valid CFAA Claim Based on “Exceeds Authorized Access” in Georgia?

Seyfarth Shaw LLP on 11/8/2016

The Computer Fraud and Abuse Act (“CFAA”) gives rise to an actionable claim if someone “knowingly access[es] a computer without authorization or exceed[s] authorized access.” 18 U.S.C. § 1030(a)(1). The term “exceeds...more

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

Brooks Pierce on 7/28/2016

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download...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

California Employment Law Notes - July 2016

Proskauer - California Employment Law on 7/14/2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

King & Spalding on 11/2/2015

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...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

Ownership of Business-Related Social Media Accounts

Morrison & Foerster LLP - Social Media on 12/18/2013

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Misappropriation › Unauthorized Access › Former Employee

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