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Establishing CFAA Violations By Former Employees

Law360, New York (October 27, 2009) -- In the recent LVRC Holdings LLC v. Brekka, Case No. 07-17116, 2009 WL 2928952 (9th Cir. Sept. 15, 2009) case, the Ninth Circuit Court of Appeals joined a growing number of federal courts that have limited the use of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, in suits brought against former employees accused of taking electronic data from a company’s computer system before leaving the company.

In LVRC Holdings LLC, the court affirmed the district court’s summary judgment in favor of the defendants on the employer’s CFAA claim....

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