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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…

Continue Reading Another Michigan Federal Court Adopts Narrow Interpretation of Civil Liability Under Computer Fraud and Abuse Act

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