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Disclose, disclose, disclose: California attorney general loses privacy case against airline but is by no means grounded

Kilpatrick Townsend & Stockton LLP
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USA
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May 13 2013

A California state court dismissed the California Attorney General's case against Delta Air Lines for violation of the California Online Privacy

Guilty verdict in critical Computer Fraud and Abuse Act trial

Kilpatrick Townsend & Stockton LLP
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USA
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April 29 2013

After a two-week trial before United States District Court Judge Edward Chen of the Northern District of California, David Nosalthe named defendant

Fourth Circuit widens split over CFAA and employees violating computer use restrictions

Kilpatrick Townsend & Stockton LLP
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USA
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September 10 2012

On July 26, 2012, the Fourth Circuit Court of Appeals weighed in on the debate about the meaning of the phrases “exceeds authorized access” and “without authorization” as used in the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030

US Auto Parts Network Inc. v. Parts Geek LLC

Kilpatrick Townsend & Stockton LLP
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USA
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September 5 2012

In US Auto Parts Network Inc. v. Parts Geek LLC, Nos. 1056194, 1056129, 2012 WL 3764704 (9th Cir. Aug. 31, 2012), the Ninth Circuit ruled that the modifications to a computer program made by an employee were owned by the employer pursuant to the “work for hire” doctrine

Insurance may cover losses for companies sued for recording zip codes

Kilpatrick Townsend & Stockton LLP
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USA
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June 1 2012

Last year, the California Supreme Court held that retailers may violate the Song-Beverly Credit Card Act of 1971, Cal. Civil Code 1747 et seq., enacted to protect the personal privacy of credit card users, by requesting and recording zip codes during credit card transactions because zip codes qualify as protected "personal identification information" under the Act

What is unauthorized access under the CFAA? Lessons learned from United States v. Nosal

Kilpatrick Townsend & Stockton LLP
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USA
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April 19 2012

On April 10, 2012, the Ninth Circuit en banc decision in United States v. Nosal was published, resolving the question of how a person “exceeds authorized access” under the Computer Fraud and Abuse Act

Entire class of software patent claims potentially invalid

Kilpatrick Townsend & Stockton LLP
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USA
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August 17 2011

The Federal Circuit banishes Beauregard claims in a software setting to unpatentable subject matter status

California Supreme Court holds California's overtime law applies to nonresidents working temporarily in California

Kilpatrick Townsend & Stockton LLP
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USA
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July 6 2011

In a decision with disturbing implications for employers that send employees on temporary assignments to California, the California Supreme Court held in Sullivan v. Oracle Corp. that California's overtime law applies to the employees of a California-based employer when they work full days or weeks in California, even though the employees reside and regularly work in other states

California Supreme Court opens the floodgates to zip code class actions

Kilpatrick Townsend & Stockton LLP
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USA
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February 22 2011

On February 10, 2011, the California Supreme Court ruled that merchants who request and record a credit cardholder's zip code violate a California consumer protection law entitled the Song-Beverly Credit Card Act, which prohibits merchants from requesting and recording a customer's "personal identification information" during a credit card transaction

Fourth Amendment protects individual information stored by third-party providers

Kilpatrick Townsend & Stockton LLP
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USA
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December 21 2010

A recent federal appellate court decision in United States v. Warshak, et al., --- F.3d ----, 2010 WL 5071766 (6th Cir. Dec. 14, 2010), significantly impacts third-party service provider’s obligations to maintain the privacy of e-mail communications

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