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Programmer's computer access to steal employer's stock trading code not "unauthorized" under CFAA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A programmer charged with stealing computer source code for a high-speed stock trading platform from his employer in order to benefit one of its competitors did not access the firm's computer network without authorization, or in excess of his authorization, within the meaning of the Computer Fraud and Abuse Act, a district court ruled


Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled


State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way
  • Proskauer Rose LLP
  • USA
  • June 29 2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party


Employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled


Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled


Ninth Circuit panel says employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • April 29 2011

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act


U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act


Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled


Arbitration clause in electronic employment agreement unenforceable where evidence of execution and assent to arbitration were lacking
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An arbitration clause in an electronic employment agreement cannot be enforced where the employer failed to show by a preponderance of the evidence that the employee electronically executed the agreement, a California appeals court ruled


In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit
  • Proskauer Rose LLP
  • USA
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms