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Trade Secrets › Confidentiality Agreements › Computer Fraud and Abuse Act (CFAA)

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Littler

Third Circuit: Absent Hacking, Violating Employer’s Computer-Use Policy Cannot Support a Claim Under the Computer Fraud and Abuse...

Littler on

On August 26, 2025, in NRA Group, LLC v. Durenleau et al., the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: whether violating an employer’s computer-use policy creates a claim under the...more

Brooks Pierce

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

Brooks Pierce on

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download...more

Constangy, Brooks, Smith & Prophete, LLP

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Constangy, Brooks, Smith & Prophete, LLP on

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former...more

Orrick - Trade Secrets Group

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

Orrick - Trade Secrets Group on

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

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