computer fraud and abuse

By Robert Milligan and Joshua Salinas

The best things in life are free, except for screensavers, games, and other software provided on-line that spy on your computer activity and gather your personal information, at least according to the consumer Plaintiffs in the recent data collection/privacy suit filed in Illinois federal court captioned Harris v. comScore, Inc., No. 11 C
Continue Reading Illinois Federal Court Strikes Down Online Company’s Forum Selection Provision Contained In Licensing Agreement In Consumer Data Collection Spat

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

By Scott Schaefers and Robert Milligan

On April 28, 2011, the Ninth Circuit Court of Appeals held in an important decision upholding legal protections for employer data that employees may be held liable under the federal Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) in cases where employees steal or remove electronic files or data in violation of
Continue Reading The Federal Computer Fraud and Abuse Act is Back in Play for Employer Suits Against Dishonest Employees in the Ninth Circuit

By Paul Freehling and Scott Schaefers

The Eleventh Circuit Court of Appeals’ December 27, 2010 decision in U.S. v. Rodriguez, Appeal No. 09-15265, — F.3d –, 2010 WL 5253231 (11th Cir. Dec. 27, 2010) may mark a significant split among the federal appellate circuits over the meaning of the phrases “without authorization” and “exceeds authorized access” under the federal
Continue Reading The Eleventh Circuit Splits with the Ninth Circuit in Interpreting the Computer Fraud and Abuse Act

We are pleased to announce that the Trade Secrets, Computer Fraud, and Non-Competes Group’s first webinar on November 5, 2009 entitled Monitoring the Revolving Door: Protecting Your Trade Secrets in Today’s Economy was a tremendous success.

There were over 550 registered attendees in various legal and business positions, including business leaders, general and associate in-house counsel, human resource professionals, franchise
Continue Reading Review – Monitoring the Revolving Door Webinar

 In Contemporary Services Corp. v. Hartman, 2008 WL 3049891 (C.D. Cal.), the United States District Court for the Central District of California recently declined supplemental jurisdiction over state law claims removed to the court where federal jurisdiction was based solely on the Computer Fraud and Abuse Act, 18 U.S.C. § 1030. Finding that state issues substantially predominated, the court noted that the


Continue Reading Federal District Court Declines Supplemental Jurisdiction In An Employment-Related Dispute Where The CFAA Was The Sole Basis For Federal Jurisdiction

Although the trial court’s analysis was not extensive, it clearly found that allegations in a complaint that an employee used a computer program to delete information from a laptop and knowingly deleted information without authorization sufficiently states a Computer Fraud and Abuse Act claim so as to survive a motion to dismiss for failure to state a claim.

In Alliance International Inc. v.


Continue Reading Federal Court in North Carolina Upholds CFAA Claim as Pleaded