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4th Circuit issues employee-friendly CFAA opinion

Fisher & Phillips LLP
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USA
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August 2 2012

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C

Another case to watch in the ongoing debate over the Computer Fraud & Abuse Act

Fisher & Phillips LLP
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USA
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January 26 2012

The past year has produced noteworthy decisions from the Sixth, Ninth and Eleventh Circuit Courts of Appeals and recent Congressional hearings regarding the applicability of the Computer Fraud & Abuse Act (“CFAA”) to employers’ claims that disloyal employees accessed their employers’ computers in order to take trade secrets, source code, and other valuable electronically stored information

Sixth Circuit affirms employee’s conviction under the Computer Fraud & Abuse Act

Fisher & Phillips LLP
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USA
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February 3 2011

Not long ago, the Eleventh Circuit Court of Appeals upheld the conviction of an employee under the CFAA in United States v. Roberto Rodriguez

Cyber privacy wars: the employer strikes back

Fisher & Phillips LLP
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USA
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January 31 2011

In a widely discussed decision issued last year, Stengart v. Loving Care Agency, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in her e-mail communications exchanged with her personal attorney through her web-based, password-protected, Yahoo! e-mail account using her employer's computer

Departing employees and the Stored Communications Act: employers beware

Fisher & Phillips LLP
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USA
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December 10 2010

Departing employees sometimes access workplace computer systems to obtain information for purposes of using it in competition with their employer

Computer Fraud and Abuse Act: court rejects argument that employer’s corporate policies can make employee access “unauthorized” under the CFAA

Fisher & Phillips LLP
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USA
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November 23 2010

No sooner than we posted last week's blog regarding the dismissal of the United States' Computer Fraud and Abuse Act ("CFAA") claims against Sergey Aleynikov in the Goldman Sachs' high-frequency trading code criminal prosecution, a California federal district court issued a similar noteworthy opinion dismissing CFAA claims against an employee who used his employer's computer systems to misappropriate his employer's trade secrets and confidential information

U.S. loses argument that the Computer Fraud & Abuse Act applies to employees who access work computers

Fisher & Phillips LLP
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USA
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November 10 2010

The recent developments in the criminal prosecution of Sergey Aleynikov for his alleged misappropriation of Goldman Sachs's high-frequency trading platform provide more interesting insights in the ongoing debate within the federal judiciary concerning the scope of the federal Computer Fraud and Abuse Act ("CFAA"