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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."

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

Disgruntled employee lacked criminal intent to be sued for a civil violation of the Computer Fraud and Abuse Act

Dorsey & Whitney LLP
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USA
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October 29 2010

While the federal Computer Fraud and Abuse Act ("CFAA") permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the fact that the CFAA is at its core a criminal statute

Computer Fraud and Abuse Act count dismissed against Goldman Sachs computer programmer charged with stealing source code

Dorsey & Whitney LLP
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USA
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September 13 2010

A New York federal Judge dismissed the Computer Fraud and Abuse Act ("CFAA") count charging Sergey Aleynikov, a former computer programmer for Goldman Sachs & Co

Courts adopt tort standard to define CFAA “loss”

Dorsey & Whitney LLP
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USA
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June 3 2010

The jurisdictional $5,000 "loss" requirement continues to be one of the most hotly contested issues arising out of civil actions filed under the federal Computer Fraud and Abuse Act ("CFAA"

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.”