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Click wrap? Forget it: federal court finds that violation of online clickwrap agreement not enough to constitute trade secret misappropriation under California law

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 17 2012

On February 13, 2012, a federal judge in Los Angeles, California dismissed a remote-access software company’s claim that one of its customers violated the California Trade Secrets Act, Cal. Civ. Code 3426.1 et seq., by downloading a trial version of plaintiff’s Mac-environment remote-access software and “reverse engineering” its own program

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

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • 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

The Eleventh Circuit splits with the Ninth Circuit in interpreting the Computer Fraud and Abuse Act

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • 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”