Tag Archives: computer security

An Uber Example of Getting Caught with Your Hand In Your Employer’s Cookie Jar

Uber and Lyft are both internet and mobile application based technology companies offering a peer-to-peer ridesharing platform. Or for less tech-speak, they are involved in what is generally described as the “sharing economy.” However, a recent lawsuit makes clear that sharing has its limits. Specifically, Lyft is suing a former executive (Lyft v Uber (PDF)), … Continue Reading

Former Employee Sentenced to Prison for Trade Secret Misappropriation and Computer Fraud Related Misconduct

One of the more noteworthy employer/employee trade-secret misappropriation and Computer Fraud and Abuse Act  (CFAA) cases came to an end earlier this week. Specifically, Mr. David Nosal wa sentenced on January 8, 2014 to one year and one day in prison. He was convicted for misappropriating his former employer’s trade secrets and improperly accessing the … Continue Reading

Employee Owned Tablets and Technology Devices: Managing the Risks and Rewards Starts with BYOD Policy

With Christmas quickly approaching, employers should expect that their employees will be enjoying new technology devices entering the new year. And this means employers should expect new employment law compliance issues and technology risks for their companies.  Bring Your Own Devices and Employment Law Compliance Issues Employee owned devices create a minefield for employers when … Continue Reading

Helping Employers Against Employees Who Help Themselves to Company Information to Build a Discrimination Claim

A well written article by Connie Bertram, asks the question “Is Self-Help Discovery by Employees Protected Activity?” The title of the article refers to situations where an employee attempts to gather factual support or to otherwise pursue an employment discrimination claim or a related employment-based lawsuit against the employer by accessing employer files and databases to … Continue Reading

Michigan Employer Restricted in Using Computer Fraud and Abuse Act Claim Against Former Employer

The California based law firm Littler Mendelson’s Unfair Competition and Trade Secrets Practice Group discussed a recent dismissal of a Computer Fraud and Abuse Act claim brought by a company against its former employee. The case, Ajuba International, L.L.C. v. Saharia (PDF), involved the U.S. federal court for the Eastern District of Michigan rejecting a broad interpretation … Continue Reading

Computer Fraud and Abuse Act Does not Protect Against Employee Violations of Company Computer Use Policies

Previously this blog outlined the various approaches Courts have taken to applying the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. 1030, to workplace misuse of employer provided computer resources. A recent opinion from the Ninth Circuit Court of Appeals, however, seriously limits the applicability of the CFAA to the employer/employee relationship and challenges other courts … Continue Reading

New Weapon for Michigan Employers for Protecting Against Unfair Competition and Trade Secret Theft

Michigan Companies were recently given a new tool for fighting back against trade secret misappropriation and unfair competition. Specifically, in Actuator Specialties, Inc. v. Chinavare the Michigan Court of Appeals agreed with the trial court’s determination that Actuator Specialties established a threat of misappropriation against its former employee and his new employer. This threat entitled it … Continue Reading

Holiday and Year-End Bonuses Often Mark the Beginning of Litigation Festivus

Festivus – as introduced by Seinfeld – is a holiday celebration that included the “Airing of Grievances,” i.e., public criticism and pronouncements as to how a particular person has been a disappointment in the past year.  The timing of holiday and year-end bonuses also often mark the beginning of a similar airing of grievances in … 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

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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