Business Cyber Risk

Ocean Tomo, LLC v. Barney, 2013 WL 4804980 (N.D. Ill. Sept. 9, 2013) (7th Cir.) Plaintiff asserted a civil claim for violating the Computer Fraud and Abuse Act and alleged that it suffered over $5,000 in damages--that is, it claimed its damages were its loss. Defendant moved to dismiss the claim because Plaintiff failed to …

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Mu Sigma, Inc. v. Affine, Inc., 2013 WL 3772724 (D.N.J. July 17, 2013) (3rd Cir.) The only allegation of direct wrongdoing in the Complaint was insufficient to state a Computer Fraud and Abuse Act claim against the defendants: “Defendants intentionally accessed Mu Sigma's protected computer without authorization ... in violation of [18] U.S.C. § 1030(a) (5).” Needless …

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Advanced Micro Devices, Inc. v. Feldstein, et al., 2013 WL 2666746 (D. Mass. June 10, 2013) (1st Cir.) The court acknowledges that it is unclear whether the First Circuit follows the narrow access means access theory or the broader intended use theory but chooses to applythe narrow. Under this theory, it finds plaintiff's allegations were insufficient to …

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Sprint Nextel Corp. v. Simple Cell, Inc., 2013 WL 3776933 (D. Md. July 17, 2013) (4th Cir.) Sprint alleged the defendants committed these acts in violation of the Computer Fraud and Abuse Act: (1) trafficked in confidential codes through which individuals could gainaccess to Sprint's network (§ 1030(a)(6)); (2) intentionally accessed Sprint's protected network without …

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Mission Information Resources, Inc. v. Hult, 2013 WL 3776442 (D.N.H. July 17, 2013) (1st Cir.) Defendant's argument for dismissal may "depend on an erroneously stringent view of federal pleading requirements (e.g., that, at the pleading stage, MIR needs to 'identify [the] files, programs, folders and systems' that Hult allegedly deleted from his MIR-issued laptop in order to state …

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AirWatch LLC v. Mobile Iron, Inc., 2013 WL 4757491 (N.D. Ga. Sept. 4, 2013) (11th Cir.) The Computer Fraud and Abuse Act may form the predicate for unlawful conduct under the California Unfair Competition Law.

Wentworth-Douglass Hosp. v. Young & Novis Prof'l Ass'n, No. 10-CV-120-SM, 2012 WL 2522963, at *4 (D.N.H. June 29, 2012) (1st Cir.) "[S]imply denominating limitations as 'access restrictions' does not convert what is otherwise a use policy into an access restriction."

Dresser-Rand Co. v. Jones, 2013 WL 3810859 (E.D. Penn. July 23, 2013) (3rd Cir) The Third Circuit has not yet ruled on whether it will adopt the broad (Johns / Rodriguez) or narrow (Nosal / WEC Carolina Energy) interpretation of access, but the courts in the Eastern District of Pennsylvania have generally adopted the narrow …

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Higgins v. NMI Enterprises, Inc., 2013 WL 4525635 (ED La. Aug. 26, 2013) (5th Cir.) The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the identity of …

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