Nick Akerman

Prior to private practice Nick served as a federal prosecutor. He was an Assistant United States Attorney in the Southern District of New York, where he prosecuted a wide array of white collar criminal matters, including bank frauds, bankruptcy frauds, stock frauds, complex financial frauds, environmental and tax crimes. Nick was also an Assistant Special Watergate Prosecutor with the Watergate Special Prosecution Force under Archibald Cox and Leon Jaworski.Nick has over 30 years of experience in helping clients respond to government investigations and prosecutions and assisting corporate clients prevent and respond to internal thefts and outside hackers. He is a nationally recognized expert on computer crime and the protection of competitively sensitive information and computer data. Nick regularly obtains injunctions for his clients under the federal Computer Fraud and Abuse Act in various federal courts around the country requiring computer thieves to return stolen computer data and prohibiting the dissemination of the data to competitors. He also guides clients in developing systems, policies and protocols to protect computer data.Nick speaks and writes regularly on protecting computer data, including in his regular computer data column for the National Law Journal. He has been a featured quoted expert on computer fraud and computer security issues in the New York Times, USA Today, the San Jose Mercury News, the Boston Globe, the St. Louis Dispatch, the Sacramento Bee, Forbes, ComputerWorld, CFO Magazine, CNET, CNET Japan, ZDNet, MSN, Internet Week and the Weekly Homeland Security Newsletter. His blog can be found at http://computerfraud.us.

CFAA’S $5,000 Threshold

NEXANS WIRES, a manufacturer of advanced copper and optical fiber wire and cables, sued its direct competitor, Sarkuysan, in federal court in the Southern District of New York alleging that it had “induced” two individuals to engage in economic espionage by stealing computer data belonging to Nexans Wires.  Nexans Wires S.A. v. Sark-USA Inc., 319… Read More

Proving a CFFA Claim

THE FEDERAL Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, et. seq., provides companies with a powerful legal tool to protect their computer data.  As its inclusion in Title 18 demonstrates, the CFAA was originally enacted as a criminal statute in 1984, but was amended in 1994 to provide victims of computer crime with… Read More

E-Discovery Under CFAA

The computer Fraud and Abuse Act, 18 U.S.C. 1030, a federal criminal statute outlawing various computer crimes, provides a civil remedy for companies victimized by a violation of the statute.  The CFAA expressly permits a private company to sue for compensatory damages and injunctive relief.  18 U.S.C. 1030(g).  In this new digital age, the CFAA… Read More

When Workers Steal Data to Use at New Jobs

Title: When Workers Steal Data to Use at New Jobs Description: In response to the economic crisis, companies have downsized, resulting in some terminated employees stealing vital data to improve their job opportunities with a new employer.  In this article for the National Law Journal Nick Akerman takes a look at the state of the… Read More

State Compliance Laws

Title: State Compliance Laws Description: Connecticut, Massachusetts and Nevada recently enacted laws requiring businesses to institute certain compliance measures to secure personal information that can be used to perpetrate identity theft. The Massachusetts law applies to a business located anywhere in the United States that stores or maintains personal information about a Massachusetts resident. This… Read More

The PRO-IP Act

Title: The PRO-IP Act Description: In October, the federal government, with strong bipartisan support, reorganized its strategy and expanded the resources available to protect the nation’s intellectual property with the enactment of the Prioritizing Resources and Organization for Intellectual Property Act, known as the PRO-IP Act, 15 U.S.C. 8101. This article describes the major innovations… Read More

Web Site Terms of Use

Title: Web Site Terms of Use Description: Web site Terms of Use have been in the news recently with the criminal prosecution of 49 year old Lori Drew who is charged with breaching MySpace’s Terms of Service. Nick discusses recent caselaw supporting using the Federal Computer Fraud and Abuse Act to enforce web site Terms… Read More

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