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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

Massachusetts Attorney General enforcement action: data breach, the Massachusetts privacy regulation and the Payment Card Industry Data Security Standard (PCI DSS)

Dorsey & Whitney LLP
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USA
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August 23 2011

In March 2011, a Final Judgment by Consent was issued in Massachusetts v. Briar Group, LLC, which involves a 2009 Massachusetts data breach and implicates the Massachusetts privacy regulation and the Payment Card Industry Data Security Standard (“PCI DSS”

How to prove “loss” for Computer Fraud and Abuse Act

Dorsey & Whitney LLP
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USA
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May 11 2010

To bring a civil action based on the federal Computer Fraud and Abuse Act ("CFAA") a plaintiff must show that the alleged violation "caused . . . loss . . . aggregating at least $5,000 in value.”

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

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

Inadvertent disclosure of privileged documents

Dorsey & Whitney LLP
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USA
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January 12 2012

Federal Rule of Evidence 502 was introduced to address a common issue in large scale ediscovery productions: the inadvertent produciton of privileged documents

Recognizing risks arising from invasion of privacy claims in the workplace

Dorsey & Whitney LLP
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USA
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February 13 2013

One of the most significant liabilities that a company in California faces relates to claims that it has invaded an individual's privacy rights

California Supreme Court rules on Pineda v. Williams-Sonoma

Dorsey & Whitney LLP
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USA
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February 21 2011

Businesses engaged in transactions with consumers in California should be aware of an important new ruling handed down by the California Supreme Court which clarifies that state law prohibits the practice of asking for a consumer's personal identification information unless necessary to complete the transaction

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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