misappropriation
New Wrinkle in Employment Disputes: Social Media Ownership
Ownership disputes between employers and employees over social media accounts (think Facebook, Instagram, LinkedIn) are becoming more frequent. This point is highlighted in a wrongful termination lawsuit between Tomi Lahren, a former “reporter” and her employer, TheBlaze. TheBlaze is owned by Glenn Beck. Ms. Lahren was terminated after she made political statements that ran…
Ex-Worker Sued for Accessing Former Employer’s Google Drive Account
A former employee’s accessing a Google Drive he set up for his employer may result in a violation of the federal Computer Fraud and Abuse Act (CFAA). This case also serves as a reminder to carefully evaluate how your company uses any third-party services like Dropbox, Google Drive, etc.
Computer Fraud and Abuse Act Background
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Trade Secret Misappropriation Lawsuit Dismissed – What Your Business Can Learn
Trade secret misappropriation lawsuits continue to be a potent offense for businesses against departing employees seeking to compete wrongfully. But as with any offense, it is critical to pay attention to fundamentals to be successful.
A recent federal district court opinion illustrates this point (link to memorandum and opinion provided below). Specifically, Raben Tire Co.,…
Uber’s Autonomous Vehicle Development Collides with Federal Trade Secret Lawsuit
On Feb. 23, 2017, Waymo, the Alphabet Inc. company formed from Google’s self-driving project, sued Uber Technologies, Inc. and its related entities, Ottomotto LLC, and Otto Trucking LLC. The suit is for violations under the federal Defense of Trade Secrets Act and other related claims.
Waymo alleges its former engineer, Anthony Levandowski, took valuable intellectual…
Using Co-worker’s Computer Password Ends with Federal Computer Hacking Conviction
A federal appeals court on July 5, 2016, affirmed the conviction of a former executive, David Nosal in a Computer Fraud and Abuse Act (CFAA) case that we’ve extensively covered.
In sum, Mr. Nosal was charged in 2012 and amended charges were filed in 2013 for violating the CFAA by using a shared password…
Courts Continue to Narrow Application of Computer Fraud and Abuse Act Against Former Employees
While it is far from settled, the trend under the Federal Computer Fraud and Abuse Act continues towards narrowing the application of the CFAA in the context of the employer/employee relationship.
Specifically, a federal district court in Colorado concluded that the federal computer fraud statute was not violated by departing employees and contractors who, during…
Non-Solicitation Restrictions – A Valuable Tool for Protecting Your Company’s Customer Relationships
When it comes to post employment restrictions, non-compete agreements often get all the attention. In fact, such restrictions are a frequent subject of discussion on our law firm’s blog (Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition).
However, as explained below, a carefully drafted non-solicitation provision should…
Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition
Business involves competition. But not all competition is lawful. Two former employees found this out the hard way after a judge determined on May 22, 2015 that they had wrongfully started a competing business while they continued to work for their employer along with misappropriating trade secrets and engaging in other wrongful acts (Nedschroef…
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…