Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
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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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 …
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 …
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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 …
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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 …
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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 …
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PNY Technologies, Inc. v. Salhi, 2013 WL 4039030 (D. NJ Aug. 5, 2013) (3rd Cir) Defendant moved to dismiss Computer Fraud and Abuse Act claim on basis that Plaintiff did not plead intent with sufficient particularity. Court denied motion on basis that CFAA claims need not meet heightened pleading standard of Rule 9(b).
Robinson v. New Jersey, 2013 WL 3894129 (D. NJ July 26, 2013) (3rd Cir.) In this order the court denies pro se Plaintiff’s motion for leave to amend the Complaint to add a CFAA claim. The gist of the case is that the Superior Court of New Jersey, Mercer Vicinage, Family Division entered a Final …
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Farmers Ins. Exchange v. Steele Ins. Agency, 2013 WL 3872950 (ED Ca. July 25, 2013) (9th Cir) Plaintiffs asserted nine state and federal causes of action against Defendants, including the Computer Fraud and Abuse Act (CFAA) and California’s Uniform Trade Secrets Act (CUTSA). The Defendants argued that CUTSA preempts the other eightclaims.Defendants were former agents …
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