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Departing employees and the Stored Communications Act: employers beware

Fisher & Phillips LLP
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USA
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December 10 2010

Departing employees sometimes access workplace computer systems to obtain information for purposes of using it in competition with their employer

Are employees' personal emails on work computers private? "Sometimes" rules N.J. Supreme Court

Fisher & Phillips LLP
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USA
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April 6 2010

Until last week, most employers believed that they had the right to review -- and in fact owned -- any electronic information stored on company computers

California court: emails sent to plaintiff's attorney on employer's computer are fair game

Fisher & Phillips LLP
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USA
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January 31 2011

A California appellate court recently decided that an employee's email messages to an attorney about suing her employer could be used against her at trial

Texting on the job can be costly

Fisher & Phillips LLP
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USA
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August 2 2010

A recent decision by the Supreme Court in a case called City of Ontario v. Quon should be viewed as a warning in big capital letters to workers everywhere

Computer Fraud and Abuse Act: court rejects argument that employer’s corporate policies can make employee access “unauthorized” under the CFAA

Fisher & Phillips LLP
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USA
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November 23 2010

No sooner than we posted last week's blog regarding the dismissal of the United States' Computer Fraud and Abuse Act ("CFAA") claims against Sergey Aleynikov in the Goldman Sachs' high-frequency trading code criminal prosecution, a California federal district court issued a similar noteworthy opinion dismissing CFAA claims against an employee who used his employer's computer systems to misappropriate his employer's trade secrets and confidential information

4th Circuit issues employee-friendly CFAA opinion

Fisher & Phillips LLP
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USA
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August 2 2012

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C

Supreme Court recognizes right of public employers to search electronic communications

Fisher & Phillips LLP
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USA
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June 17 2010

On June 17, 2010 the US Supreme Court unanimously held that a public employer's search of an employee's text messages was reasonable and did not violate the employee's constitutional rights

Computer Fraud & Abuse Act: Eleventh Circuit finds employer’s policy defines limits of employee's authorized access

Fisher & Phillips LLP
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USA
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January 9 2011

Time and time again, this blog has outlined the ongoing debate in the courts over whether the federal Computer Fraud & Abuse Act ("CFAA") applies in the context of departing employees

Linkedin torpedoes employer's trade secrets claim

Fisher & Phillips LLP
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USA
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October 21 2010

In a sobering reminder that online social media is changing the way many companies do business in unforeseen ways, a federal court recently shot down an employer's trade secret claim based largely upon the availability of information via the internet

Cyber privacy wars: the employer strikes back

Fisher & Phillips LLP
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USA
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January 31 2011

In a widely discussed decision issued last year, Stengart v. Loving Care Agency, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in her e-mail communications exchanged with her personal attorney through her web-based, password-protected, Yahoo! e-mail account using her employer's computer

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