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Results: 11-20 of 29

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

Virginia Supreme Court overturns multi-million dollar "goodwill" damages award in trade secrets conspiracy case

  • Epstein Becker Green
  • -
  • USA
  • -
  • June 13 2012

One of the most elusive forms of damage that a company may suffer when its trade secrets are misappropriated or its former employees breach their post-employment restrictive covenants is the loss of goodwill

Michigan Federal Court limits use of Computer Fraud and Abuse Act to prosecute disloyal employee

  • Littler Mendelson
  • -
  • USA
  • -
  • June 12 2012

The Computer Fraud and Abuse Act prohibits (among other things) an employee from accessing an employer’s computers “without authorization” or in a manner that “exceeds authorized access.”

Don’t let BYOD become LFYO (liability for your organization)

  • Miller Canfield PLC
  • -
  • USA
  • -
  • June 11 2012

"BYOD" stands for "bring your own device," the practice of allowing employees and contractors to use personal devices, such as laptops, smartphones, home computers and tablets, to conduct the organization's business

Federal courts address question of employer-employee ownership of business-related social media accounts

  • Fenwick & West LLP
  • -
  • USA
  • -
  • June 5 2012

The question of whether an employer is entitled to trade secret protection over social media accounts used for business purposes is unfolding in several well-publicized cases currently pending in federal courts throughout the country

Eworkplace policies social-media, privacy & internet-security

  • Fenwick & West LLP
  • -
  • USA
  • -
  • April 3 2012

Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other slacking; and protection of trade secrets

Recent developments for the fourth quarter 2011

  • Baker & McKenzie
  • -
  • Canada, China, Denmark, European Union, France, Germany, Ireland, Italy, Japan, Netherlands, Switzerland, United Kingdom, USA
  • -
  • March 15 2012

The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients

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

An employer’s guide to implementing EU-compliant whistleblowing hotlines

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • August 23 2011

Under the Sarbanes-Oxley Act, companies listed on U.S. stock exchanges are required to establish a system, often called a “whistleblowing hotline,” for employees to internally report concerns over questionable auditing or accounting matters