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.

Facebook’s Lawsuit Protects Its Users Against a Massive Spamming Scheme

On January 26, 2011, the federal district court in the Northern District of California granted Facebook a default judgment against Philip Porembski and PP Web Services LLC for obtaining “login credentials for at least 116,000 Facebook accounts without authorization” and for sending “more than 7.2 million spam messages to Facebook users.” Facebook, Inc. v. Fisher,… Read More

The 11th Circuit Rejects Brekka and Provides Guidance on Pursuing Ex-Employees Who Steal from Company Computers

This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the agency’s computer for non-business reasons. U.S. v. Rodriguez, 2010 WL 5253231 (11th Cir. Dec. 27, 2010). This case is significant for two reasons. First, the… Read More

Can You Rely on Your Corporate Computer Policies to Sue Ex-Employees who Steal Company Data

Two recent district court opinions add to the caselaw providing judicial guidance on how employers might update their corporate computer policies to be able to sue ex-employees for stealing company data based on the Computer Fraud and Abuse Act (“CFAA”), the federal computer crime statute. Title 18, U.S.C. §1030. This is a particularly significant problem… Read More

Disgruntled Employee Lacked Criminal Intent to Be Sued for a Civil Violation of the Computer Fraud and Abuse Act

While the federal Computer Fraud and Abuse Act (“CFAA”) permits seven causes of action to be brought by individuals or companies who have been victims of violations of the statute, practitioners lose sight of the fact that the CFAA is at its core a criminal statute. Nyack Hospital v. Moran, 2010 WL 4118355 (S.D.N.Y. June… Read More

Sarah Palin Hacker’s Conviction Stands for Accessing Her Yahoo Email Account

The college student David C. Kernell who was convicted by a Chattanooga, Tennessee jury of various federal crimes including a violation of the Computer Fraud and Abuse Act (“CFAA”) for accessing Alaska Governor Sarah Palin’s Yahoo email account will be sentenced on October 29, 2010. What Kernell did was to decipher the password for Alaska… Read More

Post navigation