California Employment Law Update

Category Archives: Computer Fraud and Abuse Act

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July 2021 California Employment Law Notes

By Tony Oncidi on Posted in Anti-SLAPP, California Labor & Employment Law, Class Actions, Computer Fraud and Abuse Act, Disability, Discrimination, Diversity and Inclusion, Harassment, Independent Contractors, Jury verdicts, Meal Periods and Rest Breaks, Religion, Title VII, Wrongful Termination
We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading

Police Sergeant Who Accessed Computer Database in Exchange for Money Did Not Violate CFAA

By Tony Oncidi on Posted in Computer Fraud and Abuse Act, Jury verdicts, Uncategorized
Van Buren v. United States, 593 U.S. ___, 141 S. Ct. 1648 (2021) Nathan Van Buren, a former police sergeant, ran a license-plate search in a law enforcement computer database in exchange for money.  Among other things, Van Buren was charged with violation of the Computer Fraud and Abuse Act (“CFAA”) for “exceed[ing] authorized access” to … Continue Reading

Former Employee Who Accessed Employer’s Computers Was Properly Imprisoned

By Tony Oncidi on Posted in California Labor & Employment Law, Computer and Internet Use, Computer Fraud and Abuse Act, Economic Espionage Act, Trade Secrets
United States v. Nosal, 2016 WL 3608752 (9th Cir. 2016) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a criminal indictment against David Nosal (a former employee of Korn/Ferry International) as a result of his obtaining information from Korn/Ferry’s computer system for the purpose of … Continue Reading

Employees Who Allegedly Breached Employer’s Computer Use Policies Did Not Violate CFAA

By Tony Oncidi on Posted in Computer Fraud and Abuse Act, Uncategorized
SunPower Corp. v. SunEdison, Inc., 2015 WL 5316333 (N.D. Cal. 2015) Three former employees of SunPower were sued for allegedly breaching SunPower’s computer use policies by accessing files while they were still employed by SunPower that they allegedly later provided to their new employer (SunEdison). SunPower alleged that defendants violated the federal Computer Fraud and … Continue Reading

Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients

By Tony Oncidi on Posted in Computer and Internet Use, Computer Fraud and Abuse Act, Federal Jurisdiction, Trade Secrets
Here’s a recent victory we obtained on behalf of our clients SunEdison, Inc., et al. The individual defendants (then-current employees of SunPower, Inc.) were alleged to have violated the federal Computer Fraud and Abuse Act (CFAA) by connecting USB devices to SunPower’s computer system and allegedly copying data. U.S. District Court Judge William H. Orrick granted … Continue Reading
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