Envisn, Inc. v. Davis, 2013 WL 6571944 (D. Mass. Dec. 12, 2013)
Former employer (plaintiff) sued former employee who downloaded the company’s proprietary software and confidential information to her home computer just before resigning her employment. Plaintiff sued for violation of § 1030(a)(4) of the Computer Fraud and Abuse Act which prohibits one from “knowingly and with the intent to defraud” wrongfully accessing a computer ….
Plaintiff’s motion for summary judgment on the CFAA claim was denied because the defendant responded with an affidavit stating she did not intended to defraud the company and was only keeping the information as a reminder of what she had done at the company. This was sufficient to create a contested fact issue that precluded summary judgment on the issue.