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.

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

Time to Check Whether Your Insurance Policies Cover Lawsuits Alleging Misuse of Advertising Software and Cookies

In the past six months approximately 6 class action lawsuits have been filed in Los Angeles federal district court against various companies for, among other things, violations of the Computer Fraud and Abuse Act (“CFAA”), Title 18 U.S. C. § 1030, based on advertising technology that tracks a computer’s web surfing practices. Unlike traditional cookies,… Read More

Maryland Court: Employees Who Steal Data from the Company Computer do not Violate the Computer Fraud and Abuse Act

A federal district court in Maryland held that an employee who allegedly stole proprietary data from his prior employer did not violate the Computer Fraud and Abuse Act (“CFAA”) because he was authorized to access the data and use the data on the job before he terminated his employment with his prior employer. Océ North… Read More

Facebook Places Has Checked-in: Brand Owners Should Consider Proactively Setting Up Pages to Prevent Unfixable Errors

By: Jamie N. Nafziger Dorsey & Whitney, Partner. Those familiar with Foursquare, Yelp, Gowalla and other location-based social networking sites will not be surprised that Facebook has jumped into the fray and recently launched several geolocation-related services. This article includes recommendations on how brand owners can protect their brands in connection with these new services…. Read More

Win for Apple on Its iPhone Operating System: Computer Fraud and Abuse Act Claim Dismissed

A critical element in proving either a civil or criminal violation of the Computer Fraud and Abuse Act (“CFAA”), the federal computer crime statute, is that the defendant act with criminal intent as opposed to mistake or negligence. In discussing the breadth of computers covered by the CFAA the Eight Circuit emphasized the importance of… Read More

Computer Fraud and Abuse Act Count Dismissed Against Goldman Sachs Computer Programmer Charged with Stealing Source Code

A New York federal Judge dismissed the Computer Fraud and Abuse Act (“CFAA”) count charging Sergey Aleynikov, a former computer programmer for Goldman Sachs & Co., with stealing the computer source code used in Goldman’s high-frequency trading system. U.S. v. Aleynikov, 2010 WL 3489383 *14-17 (S.D.N.Y. Sept. 3, 2010). The reasoning underlying this opinion underscores… Read More

California Court Permits Company to Subpoena Yahoo, Google and ISPs to Identify Anonymous Computer Hacker

A federal court in San Jose California last week permitted SolarBridge Technologies, Inc. (“SolarBridge”) to serve subpoenas on Yahoo, Google and various Internet Service Providers to identify the sender of an email containing SolarBridge’s confidential and trade secret protected data including schematics and other product designs of current and future products. SolarBridge Technologies, Inc. v…. Read More

Post navigation