Brian Bialas Authors Article on Split in Authority Interpreting the Computer Fraud and Abuse Act
May 1, 2012
Brian Bialas, a lawyer in Foley Hoag’s Litigation Department, Labor and Employment Department, and Security and Privacy Practice Group, recently authored an article on a new case that highlights the split of authority between federal courts in Massachusetts and other courts in interpreting the Computer Fraud and Abuse Act (CFAA). This split affects employer lawsuits against former employees who join or form competing companies.
The article, which was originally posted on Foley Hoag’s Massachusetts Non-Compete Law Blog and was reprinted by Thomson Reuters’ e-Commerce Law Report, examines the U.S. District Court for the District of Minnesota’s ruling in Walsh Bishop Associates, Inc. v. O’Brien. That ruling was less favorable to employers suing former employees under the CFAA than an earlier decision in Massachusetts federal district court, showing that, although employers often can sue under the CFAA when employees depart to join or form competing companies, the CFAA’s usefulness may be limited by the case law in the jurisdiction in which the employer sues.
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