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Confidential Information › Computer Fraud and Abuse Act (CFAA) › Former Employee

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

Epstein Becker & Green on

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Orrick - Trade Secrets Group

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

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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

Patterson Belknap Webb & Tyler LLP

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

Patterson Belknap Webb & Tyler LLP on

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

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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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Nossaman LLP

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

Nossaman LLP on

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

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP on

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

Brooks Pierce

Taking a Walk Back to a Kinder, Gentler Interpretation of the Computer Fraud and Abuse Act

Brooks Pierce on

We don’t usually talk about four-year-old court decisions in the first instance here. But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks. And...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

Constangy, Brooks, Smith & Prophete, LLP

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Constangy, Brooks, Smith & Prophete, LLP on

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former...more

Fenwick & West LLP

The Ninth Circuit Addresses the Scope of the Computer Fraud and Abuse Act

Fenwick & West LLP on

This week, the Ninth Circuit clarified the scope of the Computer Fraud and Abuse Act (CFAA) in upholding the defendant’s criminal conviction in United States v. David Nosal....more

Morgan Lewis

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

Morgan Lewis on

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Federal Criminal Conviction for Accessing Former Employer's Database

Parker Poe Adams & Bernstein LLP on

The federal Computer Fraud and Abuse Act (CFAA) was primarily intended to deter and punish database hacking by third parties. Employers involved in disputes with former employees have attempted to use CFAA in response to...more

Morrison & Foerster LLP - Social Media

Ownership of Business-Related Social Media Accounts

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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

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