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The Eleventh Circuit splits with the Ninth Circuit in interpreting the Computer Fraud and Abuse Act
- Seyfarth Shaw LLP
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- USA
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- 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”
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
Employers may have sweat equity in their executives LinkedIn accounts, but employees score win in war over the applicability of the federal Computer Fraud and Abuse Act in the workplace
- Seyfarth Shaw LLP
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- USA
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- January 5 2012
In the age of social media and networking, where employees undoubtedly use their company-issued computers to network with customers, vendors, colleagues, and friends, a legal question presents itself: can employers claim an interest in their employees’ LinkedIn accounts, or other social networking accounts, which the employees use in part to grow and maintain their relationships for the benefit of their employers?
Recent class decision highlights the perils of exchanging wage information
- Seyfarth Shaw LLP
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- USA
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- April 1 2012
In a workplace antitrust class action in which the plaintiffs are reportedly seeking hundreds of millions of dollars, Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan recently issued a decision that highlights the risks associated with the exchange of wage information
California appellate court rules that five-year employee noncompete agreement of unlimited geographic reach is enforceable as a sanction against reticent defendant
- Seyfarth Shaw LLP
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- USA
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- July 20 2011
In a recent decision, a California Second District Appellate Court upheld a trial court “issue sanction,” which effectively enforced, albeit temporarily, a five-year, unlimited geographic scope employee noncompete agreement against the defendant former employee
California federal court recently invokes "trade secret" exception to California's anti-noncompete statute to effectively blue pencil noncompete agreement
- Seyfarth Shaw LLP
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- USA
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- July 14 2011
In a recent decision involving whether a former employer could obtain a temporary restraining order under its broad non-competition agreement with its former employees and former software development company, the federal court in Richmond Technologies, Inc. v. Aumtech Business Solutions, No. 11CV02460LHK, 2011 WL 2607158 (N.D.Cal. July 1, 2011) granted plaintiff’s request and enjoined defendants from competing with plaintiff while using its proprietary information
