According to a recent filing with the California federal district court in the United States v. Nosal case, the Solicitor General, in consultation with the Criminal Division of the Department of Justice and the United States Attorney’s Office, is still deciding whether to file a writ of certiorari with the United States Supreme Court.

The writ would challenge the Ninth
Continue Reading United States v. Nosal Update: Solicitor General and DOJ Still Deciding Whether To File Writ Of Certiorari With United States Supreme Court

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

By Robert Milligan

The Ninth Circuit held oral argument on the key United States v. Nosal case yesterday before an en banc panel.

The Court has made the oral argument available on-line.

At stake is whether the government can maintain criminal charges and an employer can maintain a civil cause of action under the Computer Fraud and Abuse Act against
Continue Reading Key Computer Fraud and Abuse Act Case Heard By Ninth Circuit En Banc Panel: Can Rogue Employees Be Held Liable For Data Theft Under The Computer Fraud and Abuse Act?

The Ninth Circuit Court of Appeals ordered that U.S. v. Nosal be reheard en banc by all of the Appeals Court judges and that the “three-judge panel opinion [in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011)] shall not be cited as precedent by or to any court of the Ninth Circuit.”

Accordingly, the ability of employers
Continue Reading Dead Again? Use of Computer Fraud and Abuse Act By Employers To Combat Employee Data Theft Limited By Ninth Circuit’s Latest Ruling

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

Amy E. Bivins recently published another article in the Daily Labor Report addressing the effects of the Ninth Circuit’s Brekka decision, which we have posted about previously.  Ms. Bivins quotes Seyfarth attorney Carolyn Sieve on the issue.  Carolyn reminded employers that they "should not rely solely on a potential CFAA claim to protect their proprietary information."  Indeed, employers will

Continue Reading Brekka decision continues to get press attention