Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
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) 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)”
Danois v. i3 Archive Inc., 2013 WL 3556083 (E.D. Pa. July 12, 2013) Employer sued employee for violating the Computer Fraud and Abuse Act premised on the allegation that, after termination of his employment, employee deleted emails from his own and another terminated employee’s email accounts. Employer, however, was able to easily restore all, or …
Continue reading “Danois v. i3 Archive Inc., 2013 WL 3556083 (E.D. Pa. July 12, 2013)”
Capitol Audio Access, Inc. v. Umemoto, 2013 WL 5425324 (E.D. Cal. Sept. 27, 2013) Plaintiff owned an online service that published daily reports of information and had an archive of past issues. The service was passcode-protected and only available to subscribers who paid a subscription fee based on the number of individuals who had access …
Continue reading “Capitol Audio Access, Inc. v. Umemoto, 2013 WL 5425324 (E.D. Cal. Sept. 27, 2013)”
Givaudan Fragrances Corp. v. Krivda, 2013 WL 5411475 (D.N.J. Sept. 26, 2013) Generally, “an employee who may access a computer by the terms of his employment is authorized to use that computer for purposes of CFAA evenif his purpose in doing so is to misuse or misappropriate the employer’s information.” Here, Krivda was authorized to access that information…. …
Continue reading “Givaudan Fragrances Corp. v. Krivda, 2013 WL 5411475 (D.N.J. Sept. 26, 2013)”
Facebook, Inc. v. Power Ventures, Inc., 2013 WL 5372341 (N.D. Cal. Sept. 25, 2013) There have been several orders in this case and the order listed above is an order denying leave to file a motion for reconsideration of the court’s previous order granting summary judgment for Facebook. It is helpful to read this order …
Dice Corporation v. Bold Technologies, 913 F. Supp.2d 389 (E.D. Mich. 2012) (reconsideration denied March 28, 2013) Plaintiff and defendant were competing providers of alarm monitoring software that provided their software to companies in the alarm industry. ESC Central was plaintiff’scustomer and had a database that stored large amounts of data for ESC’s customers including …
Poller v. Bioscrip, Inc., 2013 WL 5354753 (S.D.N.Y. Sept. 25, 2013) “No language in the CFAA supports [the] argument that authorization to use a computer ceases when an employee resolves to use the computer contrary to the employer’s interest,” so long as that individual still technically possesses the right of computer access pursuant to his employ. In other words, exploitative …
Continue reading “Poller v. Bioscrip, Inc., 2013 WL 5354753 (S.D.N.Y. Sept. 25, 2013)”
United States v. Cave, 2013 WL 3766550 (D. Neb. July 16, 2013) This is a criminal case where the defendant is charged with exceeding authorized access under the Computer Fraud and Abuse Act. In the opinion the court denied the defendant’s motion to dismiss. Defendant was a police officer who was given access to the …
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Pulte Homes, Inc. v. Laborers’ Intern. Union of North America, 648 F.3d 295 (6th Cir. 2011). In Pulte, a labor union directed the bombardment of Pulte’s sales offices and three of its executives with voluminous phone calls and e-mails of such a volume that the communications clogged access to Pulte’s voicemail system, prevented its customers …
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