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Employees may have committed a crime by violating employer’s computer use policy

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 11 2011

In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of KornFerry International) and his accomplices (also from KornFerry) as a result of their obtaining information from their employer’s computer system for the purpose of defrauding KornFerry and helping Nosal set up a competing business

Employee violation of employer computer use policy can support CFAA criminal charge

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

Under New York law, vendor’s specific representations of software functionality support claim for fraudulent inducement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

Specific representations made by a salesman concerning the functionality of a software system which the purchaser alleges was inadequate for its purposes support the purchaser's claim for fraudulent inducement, a district court ruled

Employee access to computer network in furtherance of criminal fraud “exceeds authorized access” under CFAA

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

An employee who accessed financial data on her employer's computer network in violation of official policy in order to perpetrate a criminal scheme exceeded her authorized access to the network within the meaning of the Computer Fraud and Abuse Act, the U.S. Court of Appeals for the Fifth Circuit ruled