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Employers beware: Fourth Circuit adopts narrow interpretation of Computer Fraud and Abuse Act

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 6 2012

On July 26, 2012, the Fourth Circuit Court of Appeals decided WEC Carolina Energy Solutions LLC v. Miller, holding that departing employees are not liable under the Computer Fraud and Abuse Act (“CFAA”) for mere violations of a company computer use policy

Colorado Federal Court rules that former employer stated a claim against former executive and his new employer under the Computer Fraud and Abuse Act regardless of differing circuit interpretations of the act

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 9 2012

In its order denying defendants’ motion to dismiss in SBM Site Services, LLC v. Garrett, et al., Case No. 10-cv-00385, a Colorado federal court identified a circuit split over the interpretation of “unauthorized access” under the Computer Fraud and Abuse Act and then found a former employer had stated a CFAA claim against a former executive and his new employer regardless of the different circuit interpretations based upon his post-termination computer activities

Pennsylvania Federal Court salvages customer lists as basis for UTSA claim, but shreds liquidated damages provision and rejects fiduciary claim

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 3 2012

In the most recent ruling in long-running litigation styled AMG National Trust Bank v. Ries, NO. 06-CV4337, 09-cv-3061 (E.D. Pa.) (decided Dec. 29, 2011), the Eastern District of Pennsylvania partially granted the defendant Stephen Ries’s motion for summary judgment, jettisoning the plaintiff’s breach of fiduciary duty claims and plaintiff’s request for liquidated damages, but permitting the case to proceed for alleged breach of a restrictive covenant in his employment agreement

The Eleventh Circuit splits with the Ninth Circuit in interpreting the Computer Fraud and Abuse Act

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 7 2011

The Eleventh Circuit Court of Appeals' December 27, 2010 decision in U.S. v. Rodriguez, Appeal No. 09-15265, -- F.3d --, 2010 WL 5253231 (11th Cir. Dec. 27, 2010) may mark a significant split among the federal appellate circuits over the meaning of the phrases “without authorization” and “exceeds authorized access” under the federal Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq. (“CFAA”

Judge Karas: Mark Papermaster will inevitably disclose IBM trade secrets in working for Apple

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 25 2008

On November 21, 2008, Judge Kenneth Karas of the Southern District of New York published his November 7, 2008 Amended Opinion and Order granting IBM's Motion for Preliminary Injunction against former IBM executive Mark Papermaster