Tag Archives: CFAA

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 …

Continue reading “Dresser-Rand Co. v. Jones, 2013 WL 3810859 (E.D. Penn. July 23, 2013)”

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 …

Continue reading “Higgins v. NMI Enterprises, Inc., 2013 WL 4525635 (ED La. Aug. 26, 2013)”

Dalzell Management Co., Inc. v. Bardonia Plaza, LLC, 923 F. Supp.2d 590 (S.D.N.Y. Feb. 15, 2013) (2nd Cir) This is an interesting case where there are two lawsuits, one state and one federal, and the Defendants moved to dismiss the federal (alleging the Computer Fraud and Abuse Act claim) based on the Colorado River Abstention …

Continue reading “Dalzell Management Co., Inc. v. Bardonia Plaza, LLC, 923 F. Supp.2d 590 (S.D.N.Y. Feb. 15, 2013)”

Kramer v. Cash Link Systems, 715 F.3d 1082 (8th Cir. 2013) Note: this case involved a claim under the Computer Fraud and Abuse Act but the case did not make any rulings on that law. A debt collector who was an independent contractor to Defendant conducted a spam email campaign that flooded an Internet service …

Continue reading “Kramer v. Cash Link Systems, 715 F.3d 1082 (8th Cir. 2013)”

Phillips v. Executor of Estate of Arnold, 2013 WL 4458790 (WD Wa. Aug. 16, 2013)  (9th Cir) Plaintiff was sentenced to prison for several years and upon his release discovered what he believed Defendants’ unauthorized access to his computers prior to his being incarcerated. On March 12, 2013, Plaintiff sued for violations of the Computer …

Continue reading “Phillips v. Executor of Estate of Arnold, 2013 WL 4458790 (WD Wa. Aug. 16, 2013)”

United States v. Nosal, 2013 WL 4504652 (ND Ca. Aug. 15, 2013) (9th Cir) This is another Order in the saga of Nosal cases, this time an Order Denying Defendant’s Motions for a New Trial and for Acquittal.Nosal is a former high-level employee of Korn/Ferry International (KFI), an executive search firm with offices aroundthe world. Nosal worked …

Continue reading “United States v. Nosal, 2013 WL 4504652 (ND Ca. Aug. 15, 2013)”

Tech Systems, Inc. v. Pyles,  2013 WL 4033650 (ED VA Aug. 6, 2013) (4th Cir) After being terminated, former employee forwarded company emails and deleted company emails from mobile device before returning it to employer because they contained incriminating evidence. Court granted spoliation finding and jury returned verdict for violating Computer Fraud and Abuse Act, among …

Continue reading “Tech Systems, Inc. v. Pyles”