Data BreachA 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

Misappropriation company informationTrade 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.,

Autonomous vehicle trade secretsOn 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

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

ToolboxWhen 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

shutterstock_84499888Business 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

Security Padlock.jpgThe 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