As companies face increasing competitive and financial pressures, management is understandably consumed with running the day-to-day operations of the business and working to achieve business objectives and maximize the bottom line. As a result, it is not uncommon for companies to find themselves in situations where important assets are overlooked or taken for granted. … Continue Reading
A worker’s authorized access of an employer’s computer system during the course of his employment, in which he acquired information that he later misused, gives rise to civil liability under the Computer Fraud and Abuse Act (CFFA), the U.S. District Court for the Eastern District of Louisiana held April 3 (Associated Pump & Supply Co., LLC v. Dupre).… Continue Reading
On April 11th, the Third Circuit Court of Appeals reversed the conviction and 41-month prison sentence of a Computer Fraud and Abuse Act (CFAA) defendant, holding that he was tried and convicted in an improper venue. U.S. v. Auernheimer, No. 13-1816 (3rd Cir. Apr. 11, 2014). Though we usually do not post on procedural issues like these, we certainly post … Continue Reading
We are pleased to let you know that the webinar “2013 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer Fraud Law” is now available as a podcast and webinar recording.
In Seyfarth’s first installment of its 2014 Trade Secrets … Continue Reading
The scope of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, remains unsettled in the First Circuit after two decisions issued just weeks apart adopted differing approaches to the treatment of such claims.
The CFAA prohibits the intentional access of a computer without authorization or exceeding a party’s authorization to obtain information from a protected computer. As … Continue Reading
District courts are divided as to whether there is a private right of action under the Computer Fraud and Abuse Act (CFAA) for persons whose computer service is not interrupted but who nevertheless incur costs (a) responding to a CFAA offense, (b) conducting a damage assessment, or (c) restoring computerized data or programs as they were prior to the offense. … Continue Reading
Seyfarth Shaw is pleased to announce the publication of the Trading Secrets 2013 Year in Review. The 2013 Review is a compilation of our significant blog posts from 2013 and is categorized by specific topics such as: Trade Secrets; Computer Fraud and Abuse Act; Non-Competes and Restrictive Covenants; Legislation; International and Social Media. As the specific blog entries, including … Continue Reading
As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all … Continue Reading
On Thursday, March 6, 2014 at 12:00 p.m. Central, Michael Wexler, Jim McNairy and Josh Salinas will present Seyfarth’s first installment of its 2014 Trade Secrets Webinar series. They will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secret and data theft, non-compete enforceability, computer fraud, and the interplay … Continue Reading
Throughout 2013, Seyfarth Shaw LLP’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever changing area of law.
The series consisted of twelve webinars:
On January 8th, after years of litigation and numerous delays, Executive Recruiter David Nosal was sentenced to one year and a day in federal prison for his April 25, 2013 conviction on three counts under the Computer Fraud and Abuse Act (“CFAA”), two counts under the Economic Espionage Act (“EEA”), and one count of conspiracy to violate the CFAA and … Continue Reading
On Tuesday, December 11, 2013 at 12:00 p.m. Central, Seyfarth attorneys Michael D. Wexler, Molly M. Joyce and Justin K. Beyer will present the twelfth and final installment in our 2013 Trade Secrets webinar series, focusing on criminal liability for trade secret misappropriation.
The topics they will cover include… Continue Reading
Trade secret misappropriation: what it is and how does it happen
As social media becomes more engrained in our lives, we hear more and more about its use among students. Although some of these uses are perfectly legitimate, others, such as the use of social media for bullying or defamatory purposes, are not. In a recent case in Oregon, Matot v. CH et al, the court addressed the question of … Continue Reading
A California federal court recently issued a substantial monetary award in favor of Facebook and permanent injunction against a website that enabled its users to aggregate their data in social networking sites and messaging services.
Summary of the case. Power Ventures, Inc. (PVI) operates a website called power.com which integrates multiple social networking accounts. In late 2008, PVI began permitting … Continue Reading
In Parts I and II of this post, we looked at the Court’s ruling on Nosal’s motion for acquittal and new trial following his conviction of three CFAA counts, two EEA counts and one count of conspiracy. In this final part, we look at what may lie ahead for Nosal and lessons employers may learn from this case.
What’s Next … Continue Reading
In Part I of this post, we reviewed the Court’s ruling on Nosal’s conviction on the CFAA counts. Here in Part II, we turn to the Court’s ruling on the EEA counts, and the exclusion of evidence regarding Nosal’s non-compete provision.
B. Nosal’s Conviction on the EEA Counts:
Nosal was convicted of two counts under the EEA for downloading, copying … Continue Reading
On April 25, 2013, a federal jury convicted Executive Recruiter David Nosal on three counts under the Computer Fraud and Abuse Act (“CFAA”), two counts under the Economic Espionage Act (“EEA”), and one count of conspiracy to violate the CFAA and EEA, for Nosal’s conduct leaving his former employer and establishing a competing business in 2004 and 2005.
The conviction … Continue Reading
I recently presented on “Hot Topics In Trade Secret Law Across the Nation” at the ABA Annual Meeting in San Francisco, California.
Here are seven key takeaways regarding best practices and latest developments from the event that you may find useful:
Understanding the Importance of Trade Secret Preemption
Earlier this year, we blogged on federal legislative efforts to amend the Computer Fraud and Abuse Act (“CFAA”) following the death of computer activist Aaron Swartz. These efforts were spearheaded by Representative Zoe Lofgren (D-CA), who released her discussion draft of proposed amendments to the CFAA on January 15, 2013 on Reddit. Lofgren’s January … Continue Reading
You may recall that we previously reported on Advanced Micro Devices, Inc. v. Feldstein, et al., C.A. No. 13-40007, in which Judge Timothy S. Hillman of the U.S. District Court of Massachusetts granted a preliminary injunction against three former employees of Advanced Micro Devices (AMD) who allegedly stole trade secrets from the plaintiff, without … Continue Reading
On June 3, 2013, the U.S. District Court for the District of Minnesota granted in part and denied in part a motion for summary judgment filed by defendant former employees in a dispute arising out of the sale of a business to the plaintiff former employer, and the seller’s subsequent starting of a competing business which … Continue Reading
A recently unsealed criminal complaint out of the Eastern District of New York raises allegations that paint a frightening picture for employers of the havoc that disgruntled ex-employees can wreak on company computer networks.
An Illinois federal court recently found in the favor of the defendant on a plaintiff’s Computer Fraud and Abuse Act claim because the plaintiff allegedly failed to satisfy the statute’s $5,000 damages threshold.
The plaintiff, a computer consulting servicing company which spent time restoring its client’s computer network (a Chicago law firm) after it was allegedly hacked by the plaintiff’s … Continue Reading
California partners Robert Milligan and Jim McNairy will be presenting at a day long Bridgeport Trade Secret and Cybersecurity Program in Los Angeles on May 17th.
Trade secret litigation and employee mobility cases are the hottest areas of intellectual property and employment litigation. More and more senior level executives and employees are leaving one company to start or join a … Continue Reading