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Results: 11-20 of 34

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
  • USA
  • 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.”


Minnesota district court dismisses Computer Fraud and Abuse Act claim brought against former employee based upon narrow interpretation of Act
  • Seyfarth Shaw LLP
  • USA
  • 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


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


Federal district court grants motion to stay in non-compete matter
  • Seyfarth Shaw LLP
  • USA
  • 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


Oregon federal court permits declaratory relief suit to proceed in race to judgment non-compete dispute
  • Seyfarth Shaw LLP
  • USA
  • February 13 2012

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


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
  • USA
  • 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
  • USA
  • April 12 2012

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


Employer petitions U.S. Supreme Court to resolve Computer Fraud and Abuse Act circuit split
  • Seyfarth Shaw LLP
  • USA
  • November 2 2012

As anticipated, the issue regarding the application of the Computer Fraud and Abuse Act (“CFAA”) against employees who violate their employer’s computer use policies and steal valuable company data may be headed to the U.S. Supreme Court


California federal court boots employee’s challenge of his non-compete because of Pennsylvania forum selection provision
  • Seyfarth Shaw LLP
  • USA
  • September 27 2012

In a recent order, a federal court in the Northern District of California weighed in on the validity of a forum selection clause contained in an employment agreement in connection with a California employee’s declaratory relief action to invalidate his non-compete provision with his former employer


Fitness companies spar over unauthorized access of departing employee's personal e-mail accounts
  • Seyfarth Shaw LLP
  • USA
  • 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