Trade Secrets Theft By Former Employee Results in a Criminal Conviction Under Federal CFAA

In United States v. Nosal, a federal jury in California convicted a former employee of Korn/Ferry for violating the Computer Fraud and Abuse Act (“CFAA”). The evidence showed that the defendant directed his co-conspirators within the firm to use a borrowed password to gain access to trade secrets to be used in establishing their own business. The use of the borrowed password was critical to the successful prosecution under the CFAA because earlier in the case the Ninth Circuit Court of Appeals issued an opinion that narrowly interpreted the statute to prohibit only “unauthorized procurement or alteration of information, not its misuse or misappropriation.”

unreademails

BYOD Meets SCA In Email Privacy Case

Earlier this month, a district court in Ohio issued an order in the case of Lazette v. Kulmatycki. The background fact pattern is pretty straightforward: plaintiff worked for Verizon (with Kulmatycki as her supervisor), and upon leaving that job, handed in her company Blackberry. 18 months later, she learned that her old boss had been using the device to read her personal emails – some 48,000 messages – on her Gmail account. Plaintiff also alleges that “Kulmatycki disclosed the contents of some of the e-mails to others.” Of the five claims brought by plaintiff in this proceeding, the one that interests us the most concerns the Stored Communications Act.

Privacy Resources and Sites on the Internet 2013

Privacy Resources and Sites on the Internet is a comprehensive listing of privacy resources currently available on the Internet. These include associations, indexes, search engines as well as individual websites and sources that supply the latest technology and information about privacy and how it relates to you and the Internet. These resources and sources will help you to discover the many pathways available to you through the Internet to find the latest privacy sources and sites.

no-fishing

Two More Cases Show The Inconsistency In Social Media Discovery

We’ve written before about two different courts considering the discoverability of social media accounts around the same time and coming to different outcomes. And it appears that it has happened again—this time two federal district courts disagree about allowing broad social media discovery in two excessive force cases. In Moore v. Miller, Colorado District Court Judge Kane previously ordered the plaintiff, James Moore, to “produce writings related to his arrest, his tax records, and his employment records,” including writings from various social media accounts. Moore argued that the order was limited to “writings about his arrest.” But the defendant argued, successfully, that “[n]arrowing discovery only to writings about Mr. Moore’s arrest . . . would exclude writings relevant to the arrest such as writings relating to Mr. Moore’s bias, emotional and physical states before and after the arrest and alleged physical and mental injuries.”

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Weekly eDiscovery Top Story Digest – June 26, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements.

Dogged Pursuit of Direct Access Poses Risks to Counsel

Social networking evidence is dynamite, and recent court decisions underscore the difficulty that judges have in deciding whether and how to permit it to be discovered. Facebook pages are part public and part private. Much like one’s home, friends can come in, but strangers need an invitation to get past the front door. Also like a private home, the contents of social networking sites are not exempt from discovery; but neither should opposing counsel get to root around the site, hoping to spy something useful.

Situational Awareness and In-house Counsel Technology

Situational awareness is a relatively new term, applied most frequently by the military, emergency services and air traffic control. It is a complex field and has generated much study and many definitions . One that I like simply defines situational awareness as “being aware of one’s surroundings and identifying potential threats and dangerous situations.” So, what does situational awareness have to do with today’s in-house counsel? To be effective, in-house counsel must practice good situational awareness in at least three areas: law, finance and technology.

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Weekly eDiscovery Top Story Digest – June 19, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements.

eDiscovery Mergers, Acquisitions, and Investments in 2020

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Relativity Acquires VerQu

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DISCO Closes Funding Round of $100 Million

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A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

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Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

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It’s a Match! Focusing on the Total Cost of eDiscovery Review with ReviewRight Match

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From Proactive Detection to Data Breach Reviews: Sensitive Data Discovery and Extraction with Ascema

A steady rise in the number of sensitive data discovery requirements...

A Running List: Top 100+ eDiscovery Providers

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Not So Outstanding? eDiscovery Operational Metrics in the Winter of 2021

In the winter of 2021, eDiscovery Business Confidence Survey more...

A Lifting of the Fog? Winter 2021 eDiscovery Business Confidence Survey Results

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High Five? An Aggregate Overview of Five Semi-Annual eDiscovery Pricing Surveys

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Balancing Relevance and Reality? Winter 2021 eDiscovery Pricing Survey Results

Based on the complexity of data and legal discovery, it is...