Dice Corporation v. Bold Technologies, 12-2513, 13-1712 (6th Cir. Jan. 24, 2014)

Dice Corporation v. Bold Technologies, 12-2513, 13-1712 (6th Cir. Jan. 24, 2014) Summary Does a person violate the Computer Fraud and Abuse Act by accessing a remote computer without authorization if he is not aware that he is even accessing that remote computer? The Sixth Circuit says no. The Computer Fraud and Abuse Act prohibits …

Continue reading "Dice Corporation v. Bold Technologies, 12-2513, 13-1712 (6th Cir. Jan. 24, 2014)"

Envisn, Inc. v. Davis, 2013 WL 6571944 (D. Mass. Dec. 12, 2013)

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 …

Continue reading "Envisn, Inc. v. Davis, 2013 WL 6571944 (D. Mass. Dec. 12, 2013)"

Brooks v. AM Resorts, LLC, 2013 WL 3343993 (E.D. Pa. July 3, 2013)

Brooks v. AM Resorts, LLC, 2013 WL 3343993 (E.D. Pa. July 3, 2013) An employee was fired from his job and several months later the employer revealed that it had been receiving privileged emails between the former employee and his attorney concerning the firing. Employee sued for violation of the Computer Fraud and Abuse Act, inter …

Continue reading "Brooks v. AM Resorts, LLC, 2013 WL 3343993 (E.D. Pa. July 3, 2013)"

United States v. Nosal, 930 F. Supp.2d 1051 (N.D. Ca. Mar. 12, 2013)

United States v. Nosal, 930 F. Supp.2d 1051 (N.D. Ca. Mar. 12, 2013) (9th Cir) This is another in the saga of Nosal cases, this time an Order Denying the Defendants' Motion to Dismiss the charges against the defendant for aiding and abetting his co-conspirators. These charges were brought subsequent to the Nosal I and Nosal II cases and …

Continue reading "United States v. Nosal, 930 F. Supp.2d 1051 (N.D. Ca. Mar. 12, 2013)"

Matot v. CH, 2013 WL 5431586 (D. Or. Sept. 26, 2013)

Matot v. CH, 2013 WL 5431586 (D. Or. Sept. 26, 2013) Plaintiff was an assistant principal at a middle school who sued students who created a parody Facebook account of him, as well as their parents, for violating the Computer Fraud and Abuse Act. Defendants filed a motion to dismiss, which was granted as Plaintiff …

Continue reading "Matot v. CH, 2013 WL 5431586 (D. Or. Sept. 26, 2013)"

Beta Technology, Inc. v. Meyers, 2013 WL 5602930 (S.D. Tx. Oct. 10, 2013) (order denying motion to dismiss)

Beta Technology, Inc. v. Meyers, 2013 WL 5602930 (S.D. Tx. Oct. 10, 2013) (order denying motion to dismiss) Denying the motion to dismiss, the court found Plaintiff's Complaint adequately pleaded (1) both access and transmission violations of the Computer Fraud and Abuse Act, and (2) the requisite $5,000 loss. Defendant Meyers was an employee of Plaintiff working …

Continue reading "Beta Technology, Inc. v. Meyers, 2013 WL 5602930 (S.D. Tx. Oct. 10, 2013) (order denying motion to dismiss)"

Vehicle Valuation Services v. DiMaria, et al., 2013 WL 5587089 (N.D. Ill. Oct. 10, 2013)

Vehicle Valuation Services v. DiMaria, et al., 2013 WL 5587089 (N.D. Ill. Oct. 10, 2013) Defendants are former employees of Plaintiff; Plaintiff's primary allegation is against Defendant DiMaria who resigned his employment. Plaintiff recovered e-mails from his computer showing he had e-mailed himself confidential and proprietary business information belonging to Plaintiff, which all Defendants used …

Continue reading "Vehicle Valuation Services v. DiMaria, et al., 2013 WL 5587089 (N.D. Ill. Oct. 10, 2013)"

In re Google Inc. Cookie Placement Consumer Privacy Litigation, 2013 WL 5582866 (D. Del. Oct. 9, 2013)

In re Google Inc. Cookie Placement Consumer Privacy Litigation, 2013 WL 5582866 (D. Del. Oct. 9, 2013) Plaintiffs brought multidistrict consolidated litigation against Google and several online advertisers that work with Google arguing that the Defendants used coding in advertisements that "'tricked' their Apple Safari and/or Internet browsers into accepting cookies, which then allowed defendants …

Continue reading "In re Google Inc. Cookie Placement Consumer Privacy Litigation, 2013 WL 5582866 (D. Del. Oct. 9, 2013)"

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 …

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

JBCHoldings NY, LLC v. Pakter, 931 F. Supp.2d 514 (S.D.N.Y. Mar. 20, 2013)

JBCHoldings NY, LLC v. Pakter, 931 F. Supp.2d 514 (S.D.N.Y. Mar. 20, 2013) Plaintiff purchased an executive search firm from the Defendants. Per their agreement, Defendant Janou would continue working for the business; both Defendants entered into a non-compete agreement. Despite the non-competes, the Defendants began setting up a competing business that was discovered when …

Continue reading "JBCHoldings NY, LLC v. Pakter, 931 F. Supp.2d 514 (S.D.N.Y. Mar. 20, 2013)"