A designer and marketer of stereophonic technology for presenting 3-D imaging on a computer screen recently sued some ex-employees in a California federal court for allegedly violating the federal Computer Fraud and Abuse Act (CFAA), among other claims. At some point, the ex-employees allegedly downloaded their former employer’s confidential computer code and provided it to their… Continue Reading
Tag Archives: circuit split
The Computer Fraud and Abuse Act and Disloyal Employees: A Narrow Bridge To Nowhere?
Posted in Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Trade SecretsBy Gary Glaser and Jacob Oslick An old folk melody describes the world as “a very narrow bridge,” where one misstep can bring disaster. The song seeks to inspire, calling on people to have “no fear at all” while crossing through life’s perils. However inspiring this song might be, some metaphorical bridges just aren’t worth… Continue Reading
Computer Fraud and Abuse Act Circuit Split Remains Unresolved: United States Supreme Court Challenge Dismissed
Posted in Computer Fraud, Computer Fraud and Abuse Act, Data Theft, EspionageThe parties in the WEC Carolina Energy Solutions LLC v. Miller matter recently agreed to dismiss the petition for writ of certiorari filed with the United States Supreme Court, and as a result, the Court has dismissed the case. Accordingly, the circuit split regarding the ability of employers to use the Computer Fraud and Abuse Act (CFAA) to sue former employees in typical employee data… Continue Reading
Mississippi Federal District Court Allows Computer Fraud and Abuse Act Claim To Proceed Against Former Employee
Posted in Computer Fraud, Computer Fraud and Abuse Act, Data TheftA recent Computer Fraud and Abuse Act (“CFAA”) case from the Southern District of Mississippi further muddies the water with respect to the circuit split regarding the application of the law against former employees who violate computer usage policies or violate their duties of loyalty to their employers by stealing company data from company computer… Continue Reading
Employer Petitions U.S. Supreme Court to Resolve Computer Fraud and Abuse Act Circuit Split
Posted in Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Practice & ProcedureBy Robert Milligan and Joshua Salinas As anticipated, the issue regarding the application of the Computer Fraud and Abuse Act (“CFAA”) against employees who violate their employer’s computer use policies and steal valuable company data may be headed to the U.S. Supreme Court. Last week, WEC Carolina Energy Solutions LLC (“WEC”) filed a petition for writ… Continue Reading
Employers Beware: Fourth Circuit Adopts Narrow Interpretation of Computer Fraud and Abuse Act
Posted in Computer Fraud and Abuse ActOn July 26, 2012, the Fourth Circuit Court of Appeals decided WEC Carolina Energy Solutions LLC v. Miller, holding that departing employees are not liable under the Computer Fraud and Abuse Act (“CFAA”) for mere violations of a company computer use policy. The Fourth Circuit’s decision solidifies the circuit split on whether employees who violate… Continue Reading
Solicitor General Decides Not To File Petition For Review In United States v. Nosal: Circuit Split On Computer Fraud And Abuse Act Remains
Posted in Computer FraudBy Robert Milligan and Joshua Salinas The Solicitor General indicated yesterday that he will not file a petition for a writ of certiorari with the Supreme Court in U.S. v. Nosal. It was anticipated by some legal commentators that a Supreme Court decision in Nosal may resolve a deepening split between the Circuit Courts regarding the proper interpretation… Continue Reading
Michigan Federal Court Adopts Narrow Interpretation of Civil Liability Under Computer Fraud and Abuse Act
Posted in Computer Fraud, Computer Fraud and Abuse ActThe U.S. Circuit Courts of Appeals are currently split over how broadly the Computer Fraud and Abuse Act (“CFAA”) should be interpreted. A recent decision out of the Eastern District of Michigan highlights this split and examines the ways in which the courts have interpreted the statute before deciding to adopt a narrow interpretation of civil liability under the… Continue Reading
Ninth Circuit En Banc Panel Tells Employers That Computer Fraud and Abuse Act Is Only To Combat Hacking, Not Employee Trade Secret Misappropriation: United States Supreme Court May Need To Resolve Circuit Split
Posted in Computer Fraud, Computer Fraud and Abuse ActOn Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal and affirmed the judgment of the district court dismissing criminal counts against a former employee of a headhunter firm accused of violating the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. by conspiring with employees… Continue Reading
Colorado Federal Court Rules That Former Employer Stated A Claim Against Former Executive and His New Employer Under The Computer Fraud Abuse and Act Regardless Of Differing Circuit Interpretations Of The Act
Posted in Computer Fraud and Abuse ActBy Robert Milligan and Jeffrey Oh In its order denying defendants’ motion to dismiss in SBM Site Services, LLC v. Garrett, et al., Case No. 10-cv-00385, a Colorado federal court identified a circuit split over the interpretation of “unauthorized access” under the Computer Fraud and Abuse Act and then found a former employer had stated a… Continue Reading
Computer Fraud and Abuse Act Remains Viable Claim For Employers To Assert Against Employees Who Steal Company Data
Posted in Computer Fraud and Abuse ActBy Robert Milligan and Joshua Salinas The Computer Fraud and Abuse Act (“CFAA”) remains a potent weapon for employers to use against disgruntled employees who steal company data. The Sixth Circuit in U.S. v. Batti, No. 09-2050, 2011 WL 111745 (6th Cir. 2011)recently upheld the criminal conviction of an employee who allegedly accessed, copied, and leaked… Continue Reading