Sysco Corp. v. Katz, et al., 2013 WL 5519411 (N.D. Ill. Oct. 3, 2013)

Sysco Corp. v. Katz, et al., 2013 WL 5519411 (N.D. Ill. Oct. 3, 2013)

Plaintiffs’ allegation that a departing employee’s “purported cover-up by deleting items from his ‘sent’ and ‘deleted items’ folders located on Plaintiffs’ computer system” was sufficient to state a claim under the Computer Fraud and Abuse Act and survive a motion to dismiss.

The court also found the allegations sufficient to allege damage as to Defendant Katz, citing 18 U.S.C. § 1030(c)(4)(A)(i) which does not address the issue of damage but only loss, which is a prerequisite to a civil claim under the CFAA and was not found. (Note: the Editor has some serious concerns about this reasoning and outcome which are addressed in another blog.)