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.