By Misty Blair
You may recall that hopes were high this summer that the Cybersecurity Act of 2012 would become law, as various advocacy groups attempted to reach compromises on the most controversial portions of the bill, resulting in it being revised to address those groups’ concerns. Then, on August 2nd, the Senate voted 52-46 (largely along party lines) against
Continue Reading Cybersecurity Act of 2012 Dies Again in the Senate
MPI, a Texas company, went to Kentucky and allegedly attempted to hire two Luvata employees, Foster and Meredith. Foster joined MPI soon thereafter. Over the course of the next few months while Meredith remained a Luvata employee, he and Foster allegedly spoke by phone repeatedly. In addition, prior to leaving Luvata for MPI, Meredith allegedly copied his employer’s computer
Continue Reading Despite Allegations That Something Fishy Was Occurring, Kentucky Federal District Court Rules That Texas Corporate Defendant Was Not Subject To Personal Jurisdiction In Trade Secret Misappropriation Suit
By Robert Milligan and Joshua Salinas
The Solicitor General indicated yesterday that he will not file a petition for a writ of certiorari with the Supreme Court in U.S. v. Nosal.
It was anticipated by some legal commentators that a Supreme Court decision in Nosal may resolve a deepening split between the Circuit Courts regarding the proper interpretation of
Continue Reading Solicitor General Decides Not To File Petition For Review In United States v. Nosal: Circuit Split On Computer Fraud And Abuse Act Remains
A U.S. District Court in Michigan recently granted partial summary judgment in favor of two individuals who were sued by their former employer, Dana Ltd., for violating the Computer Fraud and Abuse Act, 18 U.S.C. §1030 et seq.
The individuals admitted that, prior to their departure from Dana but after accepting employment with a competitor, they accessed and copied
By Robert Milligan and Joshua Salinas
The Computer Fraud and Abuse Act (“CFAA”) remains a potent weapon for employers to use against disgruntled employees who steal company data. The Sixth Circuit in U.S. v. Batti, No. 09-2050, 2011 WL 111745 (6th Cir. 2011)recently upheld the criminal conviction of an employee who allegedly accessed, copied, and leaked confidential information
Continue Reading Computer Fraud and Abuse Act Remains Viable Claim For Employers To Assert Against Employees Who Steal Company Data