Brian Bialas Publishes Article on Ninth Circuit Decision Affecting Claims Under the Computer Fraud and Abuse Act

June 22, 2012

Brian Bialas, a lawyer in Foley Hoag’s Litigation Department, Labor & Employment Department, and Privacy & Data Security Practice Group, recently authored an article on a Ninth Circuit decision that affects employer claims against employees under the Computer Fraud and Abuse Act (CFAA).

The article, which originally appeared in the June 2012 edition of the Massachusetts Lawyers Journal, examines a recent en banc decision by the U.S. Court of Appeals for the Ninth Circuit that makes it more difficult for employers in that circuit to maintain lawsuits under the CFAA against former employees who were authorized to access their employer’s confidential information but took that information to competitors. This ruling stands in contrast with a decade-old First Circuit decision that holds contractual restrictions can serve as the basis for a CFAA violation. Bialas has been interviewed on this topic by Lawyers USA and Massachusetts Lawyers Weekly.  

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