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

Tag Archives: Nosal

Nosal Update: Nosal Sentenced to One Year in Federal Prison

Posted in Computer Fraud and Abuse Act, Data Theft

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

Recent California Federal Court Rulings Muddy the Interpretation of the Computer Fraud and Abuse Act

Posted in Computer Fraud and Abuse Act

Does the Computer Fraud and Abuse Act (“CFAA”) prohibit hacking–improperly gaining entrance into a computer system–or simply prohibit improper use of a computer system? U.S. Courts of Appeal are divided. Now, district and appellate court judges in a single federal case pending in the Northern District of California, U.S. v. Nosal, have produced several divergent opinions regarding congressional intent with … Continue Reading

Computer Fraud and Abuse Act Claims Subject to Heightened Pleading Requirements

Posted in Computer Fraud and Abuse Act, Practice & Procedure

In a recent Northern District of California decision, Judge Saundra Brown Armstrong upheld the Ninth Circuit’s ruling in Nosal, and at the same time, held that fraudulent conduct claims under the Computer Fraud and Abuse Act are subject to the heightened pleading requirements of Rule 9 of the Federal Rules of Civil Procedure.

Plaintiff is a computer technology computer … Continue Reading

Update: California Federal District Court Reaffirms that Computer Fraud and Abuse Act Claims are Available for Violations of Employers’ “Access Restrictions” Despite Ninth Circuit’s Nosal Decision

Posted in Computer Fraud and Abuse Act

Last month we blogged about a district court for the Northern District of California that distinguished the Ninth Circuit’s recent U.S. v. Nosal decision and allowed an employer to bring a counterclaim 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

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

Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act

Posted in Computer Fraud and Abuse Act

By Robert Milligan, Joshua Salinas, and Jeffrey Oh

In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissedan employer’s claim that its former employees violated the … Continue Reading

Waiting On Nosal…Combating Data Theft Under The Computer Fraud and Abuse Act In The Ninth Circuit

Posted in Computer Fraud, Computer Fraud and Abuse Act

By Robert Milligan and Jeffrey Oh

A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer’s computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims. The Ninth Circuit’s decision in the United States v. Continue Reading

Solar Panel Rivals In Trade Secret and Data Theft Spat In California Federal Court

Posted in Computer Fraud and Abuse Act

By Jessica Mendelson

On February 13, SunPower Corporation, a manufacturer of solar panels, sued five former employees, as well as its rival, SolarCity Corporation in federal court in San Francisco, California and sought a temporary restraining order against the defendants. SunPower asserted claims of unfair competition, trade secret misappropriation, and violations of the Computer Fraud and Abuse Act (“CFAA”), as well … Continue Reading

Liability Under Computer Fraud and Abuse Act For Violating Computer Use Policies Gains Momentum In Ninth Circuit

Posted in Computer Fraud and Abuse Act

By Robert Milligan and Joshua Salinas

The Ninth Circuit’s important U.S. v. Nosal decision is gaining momentum. On September 14, 2011, a California district court in Facebook v. MaxBounty, the Honorable Jeremy Fogel, presiding, became one of the first courts to apply Nosal, reaffirming that the violation of computer use policies constitutes “exceeding authorized access” under the Computer Fraud and … Continue Reading