Conversion of E-Data

Little did William the Conqueror know that when he won the Battle of Hastings in 1066, his victory would have ramifications for protecting computer data.  The Norman Conquest established a system for addressing the theft of chattels that evolved to the present-day cause of action for conversion.  This ancient common law civil remedy has recently… Read More

Economic Espionage Act

FOR CORPORATE America, the Economic Espionage Act is a double-edged sword.  It can be used to protect a company’s intellectual property by prosecuting dishonest competitors who steal a company’s trade secrets, but it can also be used against a company that finds itself with trade secrets belonging to a competitor. Congress enacted the Economic Espionage… Read More

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  As its inclusion in Title 18 demonstrates, the CFAA was originally enacted as a criminal statute in 1984, but was amended in 1994 to provide victims of computer crime with… Read More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

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