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New Hampshire federal court interprets the Computer Fraud and Abuse Act more narrowly than Massachusetts federal court and dismisses claims based on violations of computer use restrictions

Foley Hoag LLP
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USA
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August 9 2012

A recent case from the U.S. District Court for the District of New Hampshire highlights the split between the District of New Hampshire and the District of Massachusetts over the proper interpretation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, in particular the phrase "exceeds authorized access."

Ninth Circuit en banc decision creates circuit split with First Circuit that affects employer claims against employees under the Computer Fraud and Abuse Act

Foley Hoag LLP
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USA
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May 2 2012

The U.S. District Court for the District of Massachusetts has noted that employers are increasingly using the federal Computer Fraud and Abuse Act “to sue former employees and their new companies who seek a competitive edge through wrongful use of information from the former employer’s computer system”

Jail time for man who accessed computer of a competing medical practice

Foley Hoag LLP
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USA
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January 24 2012

An Atlanta, Georgia man was sentenced earlier this month to one year and one month in prison for intentionally accessing a computer of a competing medical practice, and taking personal information of the patients

Pulling out your hair over wrongfully disclosed records?

Foley Hoag LLP
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USA
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September 2 2011

A recent Massachusetts case shows that even prisoners have a right to privacy in their medical records

United States Supreme Court strikes down Vermont pharmaceutical “data mining” law

Foley Hoag LLP
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USA
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June 24 2011

On Thursday, June 23, the United States Supreme Court voted 6-3 to strike down a Vermont statute that sought to impose significant restrictions on pharmaceutical detailing and “data mining” activities

Facebook posting about patientHIPAA violationphysician sanctions

Foley Hoag LLP
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USA
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May 12 2011

The case of Dr. Alexandra Thran should cure any physician of the desire to discuss a patient on Facebook

U.S. Supreme Court upholds NASA background checks

Foley Hoag LLP
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USA
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January 19 2011

In NASA v. Nelson, decided today by the U.S. Supreme Court, the high court rejected a challenge to "a section of a form questionnaire that asks employees about treatment or counseling for recent illegal-drug use . . . and to certain open-ended questions on a form sent to employees’ designated references."

Patient privacy trumps subpoena in physician disciplinary action

Foley Hoag LLP
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USA
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September 2 2010

Does the "compelling need" for patient records by a state body that oversees and regulates physicians trump the statute that protects the confidentiality of psychotherapy records?

Taking of a blood sample and creation of a DNA profile found not to be an unreasonable search

Foley Hoag LLP
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USA
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August 27 2010

In a recent decision by the United States Court of Appeals for the First Circuit, Martin Boroiang v. Robert S. Mueller, III, et al., No. 09-1630, the First Circuit rejected a challenge to the requirement that a blood sample be given by a federal offender for purposes of creating a DNA profile and entering it into a centralized government database

One more reason to secure your wireless network

Foley Hoag LLP
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USA
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July 5 2010

In a federal court case decided earlier this year, United States v Ahrndt, the court held that an individual had no reasonable expectation of privacy in the use of an unsecured wireless network