New York District Court Permits CFAA Case Against Ex-Employee

In Marketing Technology Solutions, Inc. v. Medizine LLC, 2010 WL 2034404 *6-7 (S.D.N.Y. May 18, 2010) the court denied the defendant’s motion to dismiss the CFAA claim for stealing trade secrets from the company computer. Medizine, the employee’s new employer, argued that the employee, Daniel Brandt, could not have accessed his former employer’s computer without authorization or in excess of authorization “because of the broad access Brandt had as an employee.” Id. at *7. Relying on the First Circuit’s decision in EF Cultural Travel BV v. Explorica, Inc., 274 F.3d 577, 581-84 (1st Cir. 2001), the court held that “[i]n light of the Employment Agreement between Brandt and MTS [the former employer], and its broad confidentiality section . . ., Brandt’s access to MTS’ computer(s) exceeded his authorized use.” Id.

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About Nick Akerman

Nick Akerman is a partner in Dorsey & Whitney’s Trial group. Nick represents clients in trial and appellate courts and arbitrations throughout the United States. His specialties include protection of trade secrets and computer data, other commercial litigation, internal investigations and white collar criminal representations.

Contact Details:
T: + 1 212 415 9217
E: akerman.nick@dorsey.com

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