“[T]he deletion of an employee’s emails can serve as the basis for a CFAA claim in certain circumstances, ….” In Meridian Financial Advisors, Ltd. v. Pence, 1:07-cv-00995 (S.D. Ind. 2011), the United States District Court for the Southern District of Indiana denied the Defendant’s motion for summary judgment on the Plaintiff’s Computer Fraud and Abuse…
Former Employee’s Deletion of Data May Constitute CFAA “Damage”
A former employee’s deletion of data from his former employer’s computer, if intentional, may constitute an actionable “damage” as defined by the Computer Fraud and Abuse Act. This is, in essence, what can be gleaned from a March 24, 2011 Memorandum and Opinion in Devon Energy Corporation v. Westacott, 4:09-cv-01689 (W.D. Tex. 2011) in which…
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Does the CFAA Apply to Business Partners?
The issue of whether the CFAA applies to business partners was presented to the Washington Court of Appeals and it punted. In its March 29, 2011 opinion in Wheeler v. Calloway, No. 28734-3-III (Wa. App. 2011), the Washington Court of Appeals was faced with such a scenario. In that case two business partners were in…
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Taking of Confidential Info Alone Not “Loss” Under CFAA
Under the Computer Fraud and Abuse Act (“CFAA”), an employee’s mere taking of confidential information, without more, does not constitute a “loss” as required by the statute. On March 28, 2011, the United States District Court for the Eastern District of Wisconsin entered on Order in Direct Supply, Inc. v. Pedersen, No. 10-C-0278 (E.D. Wis….
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CFAA Not Subject to Rule 9
The Computer Fraud and Abuse Act (“CFAA”) is not subject to the heightened pleading requirement of Rule 9. On March 28, 2011, the United States District Court for the Northern District of California issued an Order in Facebook, Inc. v. MaxBounty, Inc. in which it reaffirmed earlier rulings that the CFAA is not subject to…
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Are You Accessible?
Think about it. How accessible are you when it may matter the most? Whether your businesses is serving customers or clients, we all know that communication is an integral part of delivering good service. Often times when we think about how effectively we communicate with our customers or clients, we think about it in the…
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Just A Minute?
or –– Just A Minute! The great strategist Napoleon has said that he was able to win so many battles because he understood the value of a minute. In The Art of Maneuver he is quoted as saying: It may be in the future that I may lose a battle, but I shall never lose…
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“Should Blogs Be Short?” or
“Scheduled Blogging Is Hard For Practicing Lawyers” The latter is probably the most insightful thing I learned about social media and blogging over this past week. That’s right, I have been quiet this week. Not because I haven’t had a lot that I wanted to blog about but because I have been busy as all…
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Grandpaw’s Lessons: “It don’t take long to shower when the water’s cold”
The point: there are times you can be a craftsman and times you simply must get things done — do you know the difference? This witticism was one that the old man said to my Dad and it gave me a good laugh. First, a little background about Grandpaw’s way of communicating. He didn’t usually…
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Every time I watch this it blows my mind
Every time I watch this it blows my mind! Technology IS the future and u better be riding that wave!
