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In addition to pursuing recourse under traditional state statutory, contract and tort claims, employers have begun to rely on claims arising under the Computer Fraud and Abuse Act (CFAA) to obtain federal jurisdiction and to "up the ante" in litigation involving alleged electronic misconduct. But a recent decision from the U.S. District Court for the District of Minnesota suggests that courts are looking to substantially limit the circumstances under which such claims may be brought.
In the fast-paced world of noncompete and trade secret litigation, litigants need to be aware of the traps of pleading and defending a claim under the CFAA. This article provides an overview of varying judicial interpretations of authorization, access and damage under the CFAA, and offers a list of questions that parties on both side of the table should consider when faced with a CFAA claim. Read more…
Republished with permission of Law360.
