Pennsylvania District Court adopts Brekka

The Magistrate Judge in Consulting Professional Resources, Inc. v. Concise Technologies LLC, 2010 WL 1337723 (W.D. Pa. March 9, 2010) held that the CFAA does not apply to an employee who removed trade secret protected data from the company computer and provided it to a competitor immediately prior to leaving her employer to become employed by that competitor. The court recognized that “[t]he Court of Appeals for the Third Circuit has not taken a position on the “unauthorized access” debate, but it has recognized the trend among employers to employ the “CFAA’s civil remedies to sue former employees and their new companies who seek a competitive edge through wrongful use of information from the former employer’s computer system.” P.C. Yonkers, Inc. v. Celebrations the Party and Seasonal Superstore, LLC., 428 F.3d 504, 510 (3d Cir.2005). Id. at *6. The court pointed out that “[t]he district courts throughout the Third Circuit, however, have grappled with the issue and have reached divergent results.” Id.

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