On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition of accessing a computer “without authorization” when using someone else’s credentials (with that other user’s permission) after the owner of the computer expressly revoked the first person’s own access rights. In denying certiorari, the Court effectively killed the petitioner’s legal challenge to his conviction in a long-running case that we have extensively covered here, here, here, here, here, here, and here (among other places). The denial of certiorari leaves further development of the scope of the CFAA in the hands of the lower courts.
Continue Reading Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act Unclear
Computer Fraud and Abuse Act Circuit Split Remains Unresolved: United States Supreme Court Challenge Dismissed
The parties in the WEC Carolina Energy Solutions LLC v. Miller matter recently agreed to dismiss the petition for writ of certiorari filed with the United States Supreme Court, and as a result, the Court has dismissed the case.
Accordingly, the circuit split regarding the ability of employers to use the Computer Fraud and Abuse Act (CFAA) to sue former
Continue Reading Computer Fraud and Abuse Act Circuit Split Remains Unresolved: United States Supreme Court Challenge Dismissed
US Supreme Court Strikes Down Oklahoma Supreme Court Decision And Holds That Arbitrator, Rather Than Court, Must Determine the Enforceability of Non-Compete Agreements Containing Arbitration Provisions
By Robert Milligan and Grace Chuchla
There are not many issues that the United States Supreme Court can unanimously resolve in five short pages.
The preeminence of the Federal Arbitration Act (“FAA”) is apparently one such issue, as the Supreme Court recently illustrated in its November 26 per curium opinion in Nitro-Lift Technologies LLC v. Howard, 568 U.S. __
Continue Reading US Supreme Court Strikes Down Oklahoma Supreme Court Decision And Holds That Arbitrator, Rather Than Court, Must Determine the Enforceability of Non-Compete Agreements Containing Arbitration Provisions