Nick Akerman

June 04, 2007 | National Law Journal

While the Computer Fraud and Abuse Act is primarily a criminal statute, it provides for a private right of action for injunctive relief and compensatory damages for anyone "who suffers damage or loss by reason of a violation of" the statute.

By Nick Akerman

9 minute read

July 05, 2004 | National Law Journal

On April 30, the U.S. Sentencing Commission submitted to Congress proposed amendments to the Federal Sentencing Guidelines updating the requirements for an effective corporate compliance program. Given these changes, such a program could play a key role in protecting a company's confidential business information and trade secrets.

By Nick Akerman

8 minute read

July 06, 2009 | National Law Journal

Despite some negative case law, the Computer Fraud and Abuse Act is an effective tool for employers to protect corporate data from departing employees.

By Nick Akerman

7 minute read

March 15, 2004 | National Law Journal

A potent cause of action that is rarely used against trade secret violators, and under the right factual circumstances should be considered, is a violation of 18 U.S.C. 1961, et seq., the federal Racketeer Influenced and Corrupt Organizations Act. RICO permits a company that has been victimized by a criminal violation of the statute to bring a civil action against the perpetrator.

By Nick Akerman

9 minute read

June 16, 2003 | National Law Journal

A new california statute designed to protect the public from identity theft and scheduled to become effective on July 1 promises to have a profound effect on how major corporations both in and out of California will protect their valuable computer data and trade secrets. This new law, California Civil Code � 1798.82, et. seq., requires any business or person who maintains computerized data that includes personal information that the person or business does not own . . . [to] notify the owner or licensee of

By Nick Akerman and Gabrielle Wirth

9 minute read

April 04, 2012 | Corporate Counsel

Many companies overlook opportunities to respond to these new laws by adopting robust policies to take advantage of the protections they afford and to minimize the risks they pose.

By Nick Akerman

4 minute read

April 02, 2012 | National Law Journal

Policies must reflect new laws and court decisions on data theft, social networking and cloud computing.

By Nick Akerman

7 minute read

February 14, 2005 | National Law Journal

This article will examine the federal Computer Fraud and Abuse Act, a newly developed legal precedent, and the proactive steps businesses should implement to take advantage of the CFAA.

By Nick Akerman

9 minute read

October 31, 2011 | National Law Journal

Four separate circuit court rulings this year enhanced the ability of businesses to use Computer Fraud and Abuse Act.

By Nick Akerman

8 minute read

July 17, 2006 | National Law Journal

While damages are not to be minimized, CFAA�s most useful civil remedy is injunctive relief, which permits a federal court to order the immediate return of stolen data and to direct a halt to their dissemination. The key to success under CFAA is identifying and marshalling the evidence to prove a violation under the statute.

By Nick Akerman

9 minute read