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Documents on Labor And Employment, Computer Software
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|Anti-Poaching Agreements Under Attack|
Stephen P. Murphy; Edwards Wildman Palmer LLP;
December 26, 2012, previously published on December 2012Healthcare employers need to be mindful of a recent focus by federal antitrust regulators on agreements with competitors limiting solicitation and hiring of competitor employees.
|Labor Pains: Computer Hacking By Employees|
Todd J. Horn; Venable LLP;
September 11, 2012, previously published on September 4, 2012What if a former employee downloads confidential information (customer lists, pricing information, etc.) from your computer system and uses it to lure your customers away? Among the laws at your disposal is the Computer Fraud and Abuse Act (“CFAA”). Although principally a criminal...
|Court of Appeals for the Second Circuit Narrows Scope of Federal Laws Protecting Trade Secrets|
Adam J. Ruttenberg, Diane W. Savage; Cooley LLP;
May 10, 2012, previously published on May 8, 2012On April 11, 2012, the United States Court of Appeals for the Second Circuit issued a much anticipated opinion explaining the reasons that it vacated the conviction of former Goldman Sachs' programmer, Sergey Aleynikov, under the federal National Stolen Property Act ("NSPA") and the...
|Ninth Circuit Holds Employee Data Theft is Not Punishable Under the CFAA After All|
Ford Harrison LLP;
April 18, 2012, previously published on April 2012Executive Summary: In its much anticipated en banc decision, the Ninth Circuit refused to extend the Computer Fraud and Abuse Act ("CFAA") to employee data theft in United States v. Nosal. The Court declined to "transform the CFAA from an anti-hacking statute into an expansive...
|Data Protection Weekly Special Edition|
Richard Sheinis; Hall Booth Smith, P.C.;
April 11, 2012, previously published on April 4, 2012Each year since 2004, Verizon has released a Data Breach Investigative Report. The 2012 Report (based on 2011 data) is now available. The Report, which contains a compilation and analysis of reported breaches, should be of interest to business owners, insurers, auditors, security experts, and...
|Another Case to Watch in the Ongoing Debate Over the Computer Fraud & Abuse Act|
Brent A. Cossrow; Fisher & Phillips LLP;
January 30, 2012, previously published on January 26, 2012The past year has produced noteworthy decisions from the Sixth, Ninth and Eleventh Circuit Courts of Appeals - and recent Congressional hearings - regarding the applicability of the Computer Fraud & Abuse Act (“CFAA”) to employers’ claims that disloyal employees accessed their...
|Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act|
Jeffrey D. Neuburger; Proskauer Rose LLP;
November 3, 2011, previously published on November 1, 2011On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer Fraud and Abuse Act for alleged employee theft of confidential data from an...
|The Computer Fraud And Abuse Act Isn't Just For Computer Hackers Anymore; The Ninth Circuit Extends Its Protection To Employee Data Theft|
Michelle Brauer Abidoye, Jeffrey D. Mokotoff; Ford & Harrison LLP;
July 4, 2011, previously published on June 2011Executive Summary: The Ninth Circuit recently held that the Computer Fraud and Abuse Act (CFAA) is not limited to computer hackers, but also applies to employees who exceed their "authorized access" set forth in their employer's computer usage policy.
|Social Media Activity In The Workplace And The Computer Fraud And Abuse Act|
Michelle Sherman; Sheppard, Mullin, Richter & Hampton LLP;
May 20, 2011, previously published on May 17, 2011It should come as no surprise that employers are trying to assert a claim for violation of the Computer Fraud and Abuse Act (“CFAA”) based on employees accessing social networking sites such as Facebook from work computers. While one employer was unsuccessful in stating a claim,...
|The Ninth Circuit Clarifies Application Of The Computer Fraud And Abuse Act Favorably For Employers|
Sheppard Mullin Richter Hampton LLP;
May 11, 2011, previously published on May 3, 2011The Computer Fraud and Abuse Act (“CFAA”) may now give employers some teeth to enforce a well-crafted computer use policy. The CFAA punishes anyone who “knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by...