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.)