Nick Akerman

August 20, 2012 | National Law Journal

At issue is whether the Computer Fraud and Abuse Act applies to data theft by employees; the circuits are split.

By Nick Akerman

7 minute read

May 23, 2005 | National Law Journal

As of Oct. 31, 2004, companies listed on the New York Stock Exchange (NYSE) are required to be in compliance with the NYSE's corporate governance rules promulgated pursuant to the Sarbanes-Oxley Act.

By Nick Akerman

8 minute read

November 29, 2010 | National Law Journal

Court in ticket resale case says 'yes,' if it results in unauthorized access, an essential element of the crime.

By Nick Akerman

7 minute read

November 27, 2006 | National Law Journal

A company that is the victim of data theft does not have to rely exclusively on the Do J to prosecute the wrongdoers. The CFAA permits an injured party to pursue self-help by filing a civil action in federal court for injunctive relief.

By Nick Akerman

9 minute read

March 20, 2002 | Law.com

A critical element in proving a trade secret is establishing that reasonable efforts were undertaken to protect the information claimed to be protected as a trade secret. This practice paper will examine the reasons for this requirement and what companies can do proactively to ensure that the steps they take will protect their valuable intellectual property from being disclosed to competitors.

By Nick Akerman

8 minute read

November 07, 2011 | Corporate Counsel

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act as a tool to protect competitively sensitive data and personal information stored in company computers.

By Nick Akerman

8 minute read

March 09, 2009 | National Law Journal

Connecticut, Massachusetts and Nevada recently enacted laws requiring businesses to institute compliance measures to secure personal data that can be used to perpetrate identity theft. A first-of-its-kind Massachusetts regulation is the most comprehensive of the new laws. Businesses that own, license, store or maintain personal information about a Massachusetts resident must be in full compliance by Jan. 1, 2010, including implementing a comprehensive, written data security program for personal information.

By Nick Akerman and Melissa J. Krasnow

8 minute read

December 01, 2003 | National Law Journal

For corporate America, the Economic Espionage Act is a double-edge sword. It can be used to protect a company�s intellectual property by prosecuting dishonest competitors who steal a company�s trade secrets, but it can also be used against a company that finds itself with trade secrets belonging to a competitor.

By Nick Akerman

9 minute read

June 25, 2013 | Daily Report Online

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not apply when the theft occurs during employment. The difference in jurisdictions is significant to employers because the CFAA provides a civil remedy for damages and injunctive relief for a company that "suffers damage or loss" by reason of a violation of the CFAA. 18 U.S.C. 1030(g).

By Nick Akerman

8 minute read

March 05, 2007 | National Law Journal

The Computer Fraud and Abuse Act, a federal criminal statute outlawing various computer crimes, provides a civil remedy for companies victimized by a violation of the statute.

By Nick Akerman/Special to The National Law Journal

9 minute read