Author Archives: Shawn E. Tuma

WARNING: Internet Pictures of You Hunting While on Medical Leave from Work Will Kill Your Retaliatory Discharge Claim

TAKEAWAY: If you are claiming you cannot work and are on medical leave, posting pictures on the Internet of you hunting during that same time will not help your case when (yes, i said WHEN) you get fired and make a claim under the Family and Medical Leave Act for retaliatory discharge. They will kill …

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… there’s no such thing as too much lawyering.

This is one of those articles that I just can’t help but blog — why? Well, I’ll let you figure that part out and you can start right here: When a single case can make or break your business, there’s no such thing as too much innovation — or too much lawyering. via Ready to …

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Computer Fraud and Abuse Act Cases Update (March 6, 2013)

Here are some recent Computer Fraud and Abuse Act (“CFAA”) cases that have been decided (or published) over the last couple of weeks: Tracfone Wireless, Inc. v. Cabrera, 883 F. Supp.2d 1220 (S.D. Fla. July 11, 2012). Defendant and former employee who engaged in selling stolen TracFone Prepaid Phones violated the unauthorized access with intent …

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Proposal to Allow “Substitute Service” of Legal Documents through Social Media – What Do You Think?

I need your help — I intend to write a more thorough analysis of this issue and would appreciate your help so please tell me what you think. (see below for specific questions) A new bill proposed in Texas would allow people to be served legal documents through social media as a form of “substituted …

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Court Finds Computer Fraud and Abuse Act Claim is Subject to Arbitration Agreement

TAKEAWAY: A Computer Fraud and Abuse Act claim that touches matters covered by an arbitration agreement is arbitrable. In Torbit, Inc. v. Datanyze, Inc., 2013 WL 572613 (N.D. Cal. Feb. 13, 2013), the defendant moved to compel arbitration of a Computer Fraud and Abuse Act claim under an arbitration agreement that provided that “all claims …

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Court: Yelp Reviews Are Not Hearsay But Are Then Existing Mental State of the Declarant

Defendants in the case argued that the reviews were hearsay and therefore inadmissible.  The court, however, disagreed and concluded that the posters’ declarations were admissible since they demonstrated “the then existing mental state of the declarents who posted the comments.” via Social Media and the Law » Blog Archive » Anonymous Yelp reviews not hearsay.. …

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SC Magazine’s 2012 Data Breach Review Presentation

Here is an excellent presentation from SC Magazine that will help business leaders understand what a major threat data breach is to business: 2012 Data breach review – SC Magazine.

Plaintiff’s CFAA Claim Dismissed Because of Simple Pleading Error

This blog is full of posts about the Computer Fraud and Abuse Act’s requirement that, for a civil claim, the claimant must plead a $5,000 loss. Click here to see. One of the operative words in that sentence is plead — not argue — but plead! This means it must be in your pleading which is …

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Computer Fraud and Abuse Act Incorporates Traditional Principles of Tort Causation

TAKEAWAY: The Computer Fraud and Abuse Act incorporates traditional principles of tort causation, therefore, intervening or superseding cause can be an affirmative defenses to a CFAA claim. In Denarii Systems, LLC v. Arab, 2013 WL 500826 (S.D. Fla. Feb. 11, 2013), the plaintiff brought a Computer Fraud and Abuse Act claim against the Defendants. One of the …

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Here is an excellent article by my friend and infosecurity expert Allan Pratt explaining how employers can help reduce the risk of having employees telecommute. I trust you will find this very informative.