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  As its inclusion in Title 18 demonstrates, the CFAA was originally enacted as a criminal statute in 1984, but was amended in 1994 to provide victims of computer crime with… Read More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

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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