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High court may rule on computer law question

Dorsey & Whitney LLP
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USA
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September 28 2012

At issue is whether the Computer Fraud and Abuse Act applies to data theft by employees; the circuits are split

The 9th Circuit: employees are free to steal from the company computers

Dorsey & Whitney LLP
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USA
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April 11 2012

Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the predicate for a violation of the federal computer crime statute, the Computer Fraud and Abuse Act (“CFAA”), Title 18, U.S. C. 1030

Holding passwords hostage international extortion foiled

Dorsey & Whitney LLP
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USA
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January 19 2012

In a case recently filed by a Swiss company in federal court in Florida, the company alleged in its complaint that Jerome Westrick, its former computer programmer and minority shareholder, stole a company laptop, hacked into the company’s computer system, changed access codes and passwords, and locked out the company and its customers from getting into its enterprise content management software

U.S. v. Nosal re-argued before the 9th Circuit

Dorsey & Whitney LLP
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USA
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December 19 2011

On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011

Suing employees for computer fraud gets easier

Dorsey & Whitney LLP
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USA
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November 7 2011

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to protect competitively sensitive data and personal information stored in company computers

9th Circuit clarifies Brekka: employees can be criminally prosecuted for violating their employer’s computer policies

Dorsey & Whitney LLP
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USA
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April 29 2011

In California, Washington, Oregon, Alaska, Montana, Arizona, Nevada and Idaho - states covered by the 9th Circuit Court of Appeals the answer as of yesterday is an emphatic "YES."

The 11th Circuit rejects Brekka and provides guidance on pursuing ex-employees who steal from company computers

Dorsey & Whitney LLP
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USA
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December 30 2010

This week the 11th Circuit upheld the Computer Fraud and Abuse Act ("CFAA") conviction and one-year prison sentence of a former Social Security Administration ("SSA") employee who accessed the agency's computer for non-business reasons

Can you rely on your corporate computer policies to sue ex-employees who steal company data?

Dorsey & Whitney LLP
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USA
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December 21 2010

Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer Fraud and Abuse Act ("CFAA"), the federal computer crime statute

Accenture employee faked medical leave to work for a competitor while stealing data from Accenture computers

Dorsey & Whitney LLP
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USA
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November 29 2010

The recent case of Accenture, LLP v. Sidhu, 2010 WL 4691944 (N.D. Ca. Nov. 9, 2010) is a classic example of how the 9th Circuit’s holding in LVRC Holdings, LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) has led to the dismissal of Computer Fraud and Abuse Act (“CFAA”) claims (or criminal counts) in circumstances in which an employee is clearly not authorized to access the company computers

Legal headhunter sued for stealing confidential data about the portability of partners’ law practices

Dorsey & Whitney LLP
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USA
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November 15 2010

The legal recruiting business is not immune from Computer Fraud and Abuse Act lawsuits

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