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Computer Fraud and Abuse Act circuit split remains unresolved: United States Supreme Court challenge dismissed

Seyfarth Shaw LLP
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USA
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January 7 2013

The parties in the WEC Carolina Energy Solutions LLC v. Miller matter recently agreed to dismiss the petition for writ of certiorari filed with the United

Nevada Supreme Court rules that restrictive employment agreements acquired through mergers are not subject to Nevada's strict assignment rule

Seyfarth Shaw LLP
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USA
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July 2 2009

In a decision that encourages cost efficient corporate mergers in Nevada, the Nevada Supreme Court in HD Supply Facilities Maintenance v. Bymoan, 2009 WL 1635924 (June 11, 2009) recently ruled in an en banc decision that restrictive employment agreements acquired through corporate mergers do not require a showing that the agreements’ assignment provisions were negotiated at arm’s length or are supported by separate consideration

Federal district court grants motion to stay in non-compete matter

Seyfarth Shaw LLP
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USA
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August 11 2009

A federal district court in Oregon recently granted a motion to stay in a dual-state non-compete matter based on the first-to-file rule, even though the two cases were filed only a few hours apart

The Federal Computer Fraud and Abuse Act is back in play for employer suits against dishonest employees in the Ninth Circuit

Seyfarth Shaw LLP
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USA
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May 2 2011

On April 28, 2011, the Ninth Circuit Court of Appeals held in an important decision upholding legal protections for employer data that employees may be held liable under the federal Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.) in cases where employees steal or remove electronic files or data in violation of their employers' written computer-use restrictions

Fitness companies spar over unauthorized access of departing employee's personal e-mail accounts

Seyfarth Shaw LLP
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USA
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January 25 2011

Wrongfully accessing someone's personal email account may cost you $1,000 per unauthorized access, even if that person suffers no injury or loss

Employers' obligation to defend and indemnify rogue employees in California?

Seyfarth Shaw LLP
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USA
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October 14 2011

On October 12, 2011, the California Court of Appeal in Nicholas Laboratories, LLC v. Christopher Chen, No. G044105, 2011 WL 4823329 (Cal. Ct. App. Oct. 12, 2011), held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee

Department of Justice takes pro-employer stance on amendments to Computer Fraud and Abuse Act: employers should continue to be able to hold employees liable for violations of computer usage policies under the act

Seyfarth Shaw LLP
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USA
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November 22 2011

In connection with proposed Congressional amendments to the federal Computer Fraud and Abuse Act (CFAA), on November 15, 2011, Department of Justice Deputy Chief Richard W. Downing (Computer Crime and Intellectual Property Section) emphasized the importance of an expansive CFAA before the House Committee on the Judiciary and came out against attempts by critics of the CFAA to restrict employers' ability to use the CFAA against employees who steal company data in violation of company computer usage policies

Top 10 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law

Seyfarth Shaw LLP
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USA
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January 17 2012

We have compiled a list of the top 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law

Protecting trade secrets and confidential information in the social media generation

Seyfarth Shaw LLP
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USA
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February 12 2012

Over the past decade, no avenue has had a bigger impact on society and the ways in which people interact than social media

Ninth Circuit en banc panel tells employers that Computer Fraud and Abuse Act is only to combat hacking, not employee trade secret misappropriation: United States Supreme Court may need to resolve circuit split

Seyfarth Shaw LLP
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USA
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April 10 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal and affirmed the judgment of the district court dismissing criminal counts against a former employee of a headhunter firm accused of violating the Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq. by conspiring with employees of the former employer to log on to the employer's confidential database and send proprietary files to a competitor

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