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Results: 1-10 of 18

Arbitration clause in electronic employment agreement unenforceable where evidence of execution and assent to arbitration were lacking

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

An arbitration clause in an electronic employment agreement cannot be enforced where the employer failed to show by a preponderance of the evidence that the employee electronically executed the agreement, a California appeals court ruled

U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act

Ninth Circuit panel says employee violation of employer computer use policy can support CFAA criminal charge

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 29 2011

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act

Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled

Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled

In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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 ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Programmer's computer access to steal employer's stock trading code not "unauthorized" under CFAA

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A programmer charged with stealing computer source code for a high-speed stock trading platform from his employer in order to benefit one of its competitors did not access the firm's computer network without authorization, or in excess of his authorization, within the meaning of the Computer Fraud and Abuse Act, a district court ruled

No Fourth Amendment violation in government employer review of employee text messages

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A municipality did not violate an employee's privacy rights when it reviewed text messages on an employer-supplied pager in order to determine whether it was providing sufficient character limits to its employees under its contract with the wireless services provider, the U.S. Supreme Court ruled