Computer Fraud and Abuse Act

shutterstock_361749602The Computer Fraud and Abuse Act (“CFAA”) gives rise to an actionable claim if someone “knowingly access[es] a computer without authorization or exceed[s] authorized access.” 18 U.S.C. § 1030(a)(1). The term “exceeds authorized access” is defined as “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is
Continue Reading What Underlying Facts are Required to Assert a Valid CFAA Claim Based on “Exceeds Authorized Access” in Georgia?

OverviewIn Seyfarth’s eighth installment in the 2016 Trade Secrets Webinar Series, attorneys Andrew Boutros, Katherine Perrelli and Michael Wexler focused on criminal liability for trade secret misappropriation. Trade secret misappropriation is increasingly garnering the attention of federal law enforcement authorities. This reality creates different dynamics and risks depending on whether the company at issue is being accused of wrongdoing or
Continue Reading Webinar Recap! The Intersection of Trade Secrets Violations and the Criminal Law

Tank Connection, LLC v. HaightThe stakes are getting higher: Trade secret misappropriation is increasingly garnering the attention of federal law enforcement authorities. This reality creates different dynamics and risks depending on whether the company at issue is being accused of wrongdoing or is the victim of such conduct.

On Tuesday, October 4, at 12:00 p.m. Central, Seyfarth attorneys Katherine E. Perrelli, Andrew S. Boutros
Continue Reading Upcoming Webinar: The Intersection of Trade Secrets Violations and the Criminal Law

shutterstock_236620168On July 12, 2016, the Ninth Circuit filed its published opinion in Facebook, Inc. v. Power Ventures, Inc., et al., Case No. 13-17154 (“Power Ventures”).  Power Ventures is the latest in a series of decisions from the Ninth Circuit relating to the type of activities potentially giving rise to liability under the Computer Fraud and Abuse Act
Continue Reading Facebook, Inc. v. Power Ventures, Inc.: Shotgun-Toting Borrowers of Jewelry From Bank Safe Deposit Boxes and the CFAA. Wait. What?

shutterstock_414545476Not exactly. A divided Ninth Circuit panel recently affirmed the conviction of a former employee under the Computer Fraud and Abuse Act (“CFAA”), holding that “[u]nequivocal revocation of computer access closes both the front door and the back door” to protected computers, and that using a password shared by an authorized system user to circumvent the revocation of the former
Continue Reading Computer Fraud and Abuse Act Ruling: Did the Ninth Circuit Just Criminalize Password Sharing?

shutterstock_214450246An ex-employee’s former employer sued him for alleged violations of the Kansas Uniform Trade Secrets Act (KUTSA) and the federal Computer Fraud and Abuse Act (CFAA).  The first claim was based on the company’s hunch that he had misappropriated trade secrets and thereby breached his non-disclosure agreement.  Two forensic experts were paid $38,000 to examine the computers and flash drives
Continue Reading Federal Court Rejects Employer’s Trade Secret and Computer Fraud and Abuse Act Claims

shutterstock_261389492Ever since Iqbal and Twombly, it has become imperative that a complaint filed in federal court contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”  Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007)).  The Eastern District of Michigan
Continue Reading Recent Decision Highlights Important Pleading Requirements for Computer Fraud and Abuse Act Claims

shutterstock_131284286In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had produced no evidence refuting the defendant’s contention that it honestly believed it was engaging in lawful business practices rather than intentionally deceiving or defrauding the plaintiff.  Accordingly, entry of judgment for the defendant was appropriate.  Fidlar
Continue Reading Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To Defraud

shutterstock_208633174Background

Imagine if you could manage all of your social media platforms on one app.  Believe it or not, there was an app for that (or, at least a website), created by a company named Power Ventures (“Power”).  Back in 2008, Power instituted its “Power 100” campaign, which offered its users the chance to win $100 if they invited 100
Continue Reading Ninth Circuit Poised to Address the “Without Authorization” Debate under the Computer Fraud and Abuse Act Again

shutterstock_334793126Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for 2015 and a few predictions for 2016.  Please join us for our first webinar of the New Year on January 29, 2016 discussing these developments/headlines.

1) Enactment of federal
Continue Reading Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2015