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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: First Circuit

Computer Fraud and Abuse Act Claims in the First Circuit – Will the Narrow Approach Prevail?

Posted in Computer Fraud, Computer Fraud and Abuse Act

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

First Circuit Holds that Solicitation is Barred by Non-Compete Agreement Regardless of Who Initiates Contact

Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants

In Corporate Technologies, Inc. v. Harnett, et al., U.S. Court of Appeals for the First Circuit recently upheld the issuance of a preliminary injunction barring a former employee (Harnett) from doing business with his former employer’s (CTI) customers, even if the customers initiated the contact. 

CTI had employed Harnett as an account executive/salesman for nearly a decade, and required that … Continue Reading

First Circuit Affirms Summary Judgment for Defendant Accused of Breaching Confidentiality Agreement

Posted in Restrictive Covenants

By Molly Joyce

In the recent decision of The Capability Group, Inc. v. American Express Travel Related Services Company, Inc.,658 F.3d 75 (1st Cir. 2011), the United States Court of Appeals, First Circuit, affirmed summary judgment in favor of a defendant accused of, among other things, breaching a confidentiality agreement between the parties. The court found that the plaintiff, … Continue Reading