Trade Secrets
May 5, 2012
Ninth Circuit’s Computer Hacking Trade Secret Case May Go Higher
The Ninth Circuit’s en banc decision in United States v. Nosal recently narrowed the reach of the Computer Fraud and Abuse Act (CFAA). In Nosal, the Court held that the CFAA’s prohibition on people using a computer to “exceed authorized access” was limited to computer hacking type scenarios, not scenarios where employees have access to computers but exceed the scope of the access by looking at materials outside their scope of employment or approved parameters.
November 14, 2011
The Ninth Circuit Grants En Banc Review to Interpret the Computer Fraud and Abuse Act
The Court of Appeals for the Ninth Circuit recently agreed to rehear U.S. v. Nosal, a decision that interpreted the Computer Fraud and Abuse Act (“CFAA”) to impose criminal sanctions on an employee that exceeded the scope of his computer access privileges. In a rare move, the Ninth Circuit agreed to review the decision en banc, meaning that 10 judges and the Chief Judge of the Ninth Circuit will preside over the rehearing. Commentators on the decision argue that violations of CFAA can now extend beyond the employer/employee context, thus subjecting Internet users to criminal prosecution for violating agreements limiting the users’ scope of computer use.
September 18, 2010
HP Sues Oracle Over Trade Secrets
Hewlett Packard has made headlines recently for filing a high profile piece of litigation against Oracle. The dispute arose after Oracle hired former HP Chief Executive Mark Hurd as the newest Oracle co-president and director, approximately one month after he resigned from HP. After Oracle hired him, HP retaliated with a piece of litigation over trade secrets claiming that there would be inevitable disclosure of HP's trade secrets in the capacity for which Oracle was retaining the former HP head.


