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Employees did not violate federal statute by misappropriating employer's computer data

Proskauer Rose LLP
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USA
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May 1 2012

In this criminal proceeding brought under the Computer Fraud and Abuse Act ("CFAA"), the United States government filed a 20-count indictment against David Nosal (a former employee of KornFerry International) and his accomplices (also from KornFerry) as a result of their obtaining information from their employer's computer system for the purpose of defrauding KornFerry and helping Nosal set up a competing business

Former employee cannot be charged criminally for violating company computer policy

Proskauer Rose LLP
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USA
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April 16 2012

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from his former coworkers in violation of company policy

Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense

Proskauer Rose LLP
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USA
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April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy

Court endorses use of predictive coding for ESI discovery

Proskauer Rose LLP
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USA
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March 9 2012

In a recent opinion Da Silva Moore v. Publicis Groupe & MSL Group, 11-CV-1279 (S.D.N.Y. Feb. 25, 2012), Magistrate Judge Peck recognized the use of predictive coding technology, also referred to as computer-assisted review, as an appropriate method to satisfy a producing party's review obligations in appropriate cases

There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking

Proskauer Rose LLP
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USA
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January 5 2012

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant

Ninth Circuit will rehear important employee data theft case under the Computer Fraud and Abuse Act

Proskauer Rose LLP
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USA
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November 1 2011

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal

Filers beware! Court of Appeal rejects CNIL-approved whistleblowing system

Proskauer Rose LLP
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France
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October 27 2011

In a decision dated September 23, 2011, the Court of Appeal of Caen suspended the implementation of a whistleblowing system that had been previously authorized by the French Data Protection Agency (CNIL) because, in the court’s view, the system infringed on the individual and collective rights and liberties of the company’s employees

Rhyme or reason? Trying to make sense of the NLRB's social media cases

Proskauer Rose LLP
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USA
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October 12 2011

Since the NLRB’s Office of the General Counsel (“OGC”) issued the first “Facebook” complaint in American Medical Response of Connecticut, Inc. in October, 2010, dozens of unfair labor practice charges involving social media have been filed, the Acting General Counsel has identified social media cases as a priority, and gallons of electronic ink have been spilled by commentators and the OGC, itself, trying to help employers and their counsel make sense of it all

No report; no pay

Proskauer Rose LLP
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USA
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August 5 2011

On December 17, 2008, Wellpoint Companies terminated the employment of one of its enrollment and billing department managers for a failure to report a suspected violation of the company’s privacy policy for information protected under HIPAA, and on July 19, 2011, the Connecticut Court of Appeals released an opinion that supported the denial of unemployment benefits to that individual for failure to report

Employees may have committed a crime by violating employer’s computer use policy

Proskauer Rose LLP
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USA
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May 11 2011

In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of KornFerry International) and his accomplices (also from KornFerry) as a result of their obtaining information from their employer’s computer system for the purpose of defrauding KornFerry and helping Nosal set up a competing business

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Search results

Employees did not violate federal statute by misappropriating employer's computer data

Former employee cannot be charged criminally for violating company computer policy

Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense

Court endorses use of predictive coding for ESI discovery

There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking

Ninth Circuit will rehear important employee data theft case under the Computer Fraud and Abuse Act

Filers beware! Court of Appeal rejects CNIL-approved whistleblowing system

Rhyme or reason? Trying to make sense of the NLRB's social media cases

No report; no pay

Employees may have committed a crime by violating employer’s computer use policy

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