Monthly Archives: May 2011

Targeting “Excessive” Social Media Use as Violation of Computer Fraud & Abuse Act Misses the Mark

A Computer Fraud and Abuse Act Claim (CFAA) against a former employee based on “excessive Internet usage,” including visiting Facebook was recently dismissed by a Federal District Court in Florida.  Specifically, in Lee v. PMSI, Inc., the former employer claimed Wendi Lee, engaged in “excessive Internet usage” and visited “personal websites such as Facebook” and sent and … Continue Reading

Michigan’s Whistleblowers’ Protection Act: Protecting Employees Who Are “About to Report” A Violation

A recent opinion from the Michigan Court of Appeals illustrates the significant challenges employees have in successfully bringing a certain claim under the Michigan Whistleblowers’ Protection Act (WPA) and opportunities employers have for dismissing such claims.  Challenges for Employees making an “About to Report” Whistleblowers’ Protection Act Claim Under Michigan’s Whistleblowers’ Protection Act (WPA), MCL … Continue Reading

Computer Fraud and Abuse Act Continues to be Potent Weapon Against Disgruntled and Departing Employees

A recent opinion from the Ninth Circuit Court of Appeals (PDF) confirms that the Computer Fraud and Abuse Act (essentially a federal computer hacking statute) continues to be a significant resource for employers to protect against the loss and damage of mission critical information due to departing or rogue employees. To add the Computer Fraud and … Continue Reading

A Road Map for Responding to Requests for Accommodations under the Americans with Disability Act

A common issue under the Americans with Disabilities Act concerns asking for and responding to a request for a reasonable accommodation. It is important for employers to understand their obligations in responding to such a request because under the ADA unlawful discrimination specifically includes “not making reasonable accommodations [for a] qualified individual with a disability…” … Continue Reading

Protecting Company Information Using the Computer Fraud and Abuse Act

A 2011 Sixth Circuit Court of Appeals opinion, underscores the importance of the Computer Fraud and Abuse Act plays in combating disgruntled employees who steal company data. This case also highlights important steps employers should take in protecting company IT infrastructure and digital information from internal threats. In that case, the former employer worked in the IT … Continue Reading
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