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

Tag Archives: former employee

California Federal Court Finds Specific Jurisdiction Over South Dakota Company For Alleged Involvement in Misappropriation of Trade Secrets

Posted in Trade Secrets

A South Dakota company recently found itself subject to personal jurisdiction in California by a California federal court despite its arguments that it lacked sufficient “minimum contacts” to establish such jurisdiction. The district court held that the company’s alleged knowledge of and involvement with a new employee’s alleged misappropriation of trade secrets in California purposefully availed the company to jurisdiction … Continue Reading

Corporate Recruiter Convicted of Computer Fraud and Trade Secret Theft By San Francisco Jury

Posted in Computer Fraud and Abuse Act, Data Theft, Trade Secrets

By Robert Milligan and Joshua Salinas

A California federal jury convicted a San Francisco executive recruiter this week for violations of the Computer Fraud and Abuse Act (“CFAA”) and theft of trade secrets from his former employer. The conviction represents a significant landmark in the closely watched eight-year case that deepened a federal circuit court split concerning the appropriate scope … Continue Reading

North Carolina Federal Court Uses Computer Fraud and Abuse Act Claim to Exercise Supplemental Jurisdiction Over State Law Claims Against Former Employee and her New Employer

Posted in Computer Fraud and Abuse Act

A North Carolina federal court judge exercised his discretion recently to deny a Federal Rule 12(b)(1) motion to dismiss, for lack of subject-matter jurisdiction (complete diversity was absent), multiple state law claims filed by NouvEON against its ex-employee and her new employer. One of the eight counts in the complaint alleged a federal cause of action, violation of the federal … Continue Reading

California Federal District Court Distinguishes Ninth Circuit’s Nosal Decision and Finds that Computer Fraud and Abuse Act Claims Are Available for Violations of Employers’ “Access” Restrictions

Posted in Computer Fraud and Abuse Act

On June 19, 2012, a district court for the Northern District of California distinguished the Ninth Circuit’s recent U.S. v. Nosal decision and allowed an employer to bring a claim under the Computer Fraud and Abuse Act (“CFAA”) against a former employee for alleged violations of a verbal computer access restriction. (Weingand v. Harland Financial Solutions, 2012 U.S. … Continue Reading

Employer Who Sued Former Employees to Enforce Non-Competition Clauses Did Not Violate Indiana’s Blacklisting Statute

Posted in Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

Indiana and several other states statutorily prohibit employers from “blacklisting” former employees, that is, attempting to prevent them — whether they were discharged or resigned — from obtaining subsequent employment. Responding recently to certified questions from the U.S. District Court for Southern Indiana, the Indiana Supreme Court held that former employer Loparex, LLC did not violate the statute when it … Continue Reading