U.S.v. Nosal

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By Robert Milligan and Grace Chuchla

Earlier this year, we blogged on federal legislative efforts to amend the Computer Fraud and Abuse Act (“CFAA”) following the death of computer activist Aaron Swartz.  These efforts were spearheaded by Representative Zoe Lofgren (D-CA), who released her discussion draft of proposed amendments to the CFAA on January 15, 2013 on Reddit.  Lofgren’s January …
Continue Reading Significant Amendments Proposed to the Computer Fraud and Abuse Act to Limit Its Use to Traditional Hacking Scenarios

By Robert Milligan and Grace Chuchla

A recently unsealed criminal complaint out of the Eastern District of New York raises allegations that paint a frightening picture for employers of the havoc that disgruntled ex-employees can wreak on company computer networks.

The prosecution alleges that a former employee of an unnamed company that manufactures high-voltage power supplies in Suffolk County, New…
Continue Reading Recent Alleged Cyberattack By Ex-Employee Demonstrates Importance of Employer Diligence On Protecting Network Passwords

By Robert Milligan and Joshua Salinas

A California federal jury convicted a San Francisco executive recruiter this week for violations of the Computer Fraud and Abuse Act (“CFAA”) and theft of trade secrets from his former employer. The conviction represents a significant landmark in the closely watched eight-year case that deepened a federal circuit court split concerning the appropriate scope…
Continue Reading Corporate Recruiter Convicted of Computer Fraud and Trade Secret Theft By San Francisco Jury

In Seyfarth’s first installment of its 2013 Trade Secrets Webinar series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secrets and data theft, non-compete enforceability, computer fraud, and company owned social media accounts and social media policies, as well…
Continue Reading 2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law

By Robert Milligan and Joshua Salinas

As anticipated, the issue regarding the application of the Computer Fraud and Abuse Act (“CFAA”) against employees who violate their employer’s computer use policies and steal valuable company data may be headed to the U.S. Supreme Court. Last week, WEC Carolina Energy Solutions LLC (“WEC”) filed a petition for writ of certiorari before the…
Continue Reading Employer Petitions U.S. Supreme Court to Resolve Computer Fraud and Abuse Act Circuit Split

By Joshua Salinas and Jessica Mendelson

A federal district court for the Northern District of California recently held in a “competitor click fraud” case that a mere assertion of a violation of the Computer Fraud and Abuse Act claim without sufficient factual details regarding any inside or outside “hacking” is insufficient to establish subject matter jurisdiction over the action. (…
Continue Reading “Click Fraud” Allegations Found Insufficient Under Computer Fraud and Abuse Act, But Personal Jurisdiction Found Where Defendant Company’s Website Deliberately Targeted Consumers Within the Forum State

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

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