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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

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

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

Dead again? Use of computer fraud and abuse act by employers to combat employee data theft limited by Ninth Circuit's latest ruling

Seyfarth Shaw LLP
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USA
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October 29 2011

The Ninth Circuit Court of Appeals ordered that U.S. v. Nosal be reheard en banc by all of the Appeals Court judges and that the “three-judge panel opinion in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011) shall not be cited as precedent by or to any court of the Ninth Circuit.”

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

Ninth Circuit rejects application of Computer Fraud and Abuse Act in employee theft cases

Seyfarth Shaw LLP
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USA
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April 12 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal

Key Computer Fraud and Abuse Act case heard by Ninth Circuit en banc panel: can rogue employees be held liable for data theft under the Computer Fraud and Abuse Act?

Seyfarth Shaw LLP
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USA
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December 16 2011

The Ninth Circuit held oral argument on the key United States v. Nosal case yesterday before an en banc panel

Oregon federal court permits declaratory relief suit to proceed in race to judgment non-compete dispute

Seyfarth Shaw LLP
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USA
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February 13 2012

In light of Valentine’s Day, a blog involving two competitors specializing in heart rhythm therapy seems fitting

Minnesota district court dismisses Computer Fraud and Abuse Act claim brought against former employee based upon narrow interpretation of Act

Seyfarth Shaw LLP
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USA
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March 21 2012

In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissed an employer’s claim that its former employees violated the Act

Waiting on Nosal...combating data theft under the Computer Fraud and Abuse Act in the Ninth Circuit

Seyfarth Shaw LLP
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USA
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February 20 2012

A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer's computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims

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