Talking About the Global Impact of Cybersecurity, Law, and Business Risk
Deman Data Systems, LLC v. Schessel, 2014 WL 408443 (M.D. Fla. Feb. 3, 2014) How far does a CFAA claim’s supplemental jurisdiction over state law claims extend? A federal court has non-exclusive federal question subject matter jurisdiction over 18 U.S.C. § 1030 Computer Fraud and Abuse Act claims and supplemental jurisdiction over all state claims which …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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 …
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 …
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 …
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