November 29, 2010 | Law.com
When a Breach of Contract Is Evidence of Computer FraudA New Jersey online ticket seller defended a prosecution under the Computer Fraud and Abuse Act by claiming prosecutors were coloring a breach of contract as an unauthorized computer access under the CFAA. Dorsey & Whitney partner Nick Akerman puts the defendant's claim in black and white.
By Nick Akerman
7 minute read
August 02, 2004 | New Jersey Law Journal
New Sentencing Guidelines' ImpactThe proposed amendments to the Federal Sentencing Guidelines could play a key role in protecting a company's confidential business information and trade secrets.
By Nick Akerman
8 minute read
December 13, 2005 | Law.com
'Unauthorized Access'Int'l Assoc. of Machinists and Aerospace Workers v. Werner-Matsuda expressly rejected the holding in Shurgard, which addressed "unauthorized access" in the context of employees who allegedly e-mailed their employer's trade secrets from the company computer to a direct competitor that was about to become their new employer. But Werner-Matsuda, says Nick Akerman, is unlikely to stem the growing use of the CFAA against employees and other insiders who steal computer data.
By Nick Akerman
9 minute read
December 05, 2007 | Law.com
Putting a Lock on Data LiabilityThe FTC and the states are increasingly enforcing regulations in an attempt to protect personal data and hold companies responsible for its theft. Dorsey & Whitney partner Nick Akerman lists measures a company can implement both before and after a breach to minimize potential liability.
By Nick Akerman
9 minute read
December 05, 2007 | Legaltech News
Putting a Lock on Data LiabilityThe FTC and the states are increasingly enforcing regulations in an attempt to protect personal data and hold companies responsible for its theft. Dorsey & Whitney partner Nick Akerman lists measures a company can implement both before and after a breach to minimize potential liability.
By Nick Akerman
9 minute read
October 03, 2007 | Legaltech News
Protecting Data With an Ancient RemedyLittle did William the Conqueror know, when he won the Battle of Hastings in 1066, it would have ramifications for protecting computer data. That victory established a civil remedy that has recently emerged as a potential key legal theory in the fight against computer crime.
By Nick Akerman
9 minute read
October 22, 2008 | Law.com
Can Web Site Terms of Use Protect You?Web site terms of use seek to restrict how the public uses a site to obtain information, purchase services or participate in social networks. Attorney Nick Akerman examines how terms of use, with the Computer Fraud and Abuse Act, can provide protections to firms and end users.
By Nick Akerman
8 minute read
September 24, 2009 | Corporate Counsel
Will SCOTUS Rule on the CFAA?Two cases raise the prospect that the federal Computer Fraud and Abuse Act will for the first time in its 25-year history be interpreted by the U.S. Supreme Court. Dorsey & Whitney partner Nick Akerman reviews both cases, their likely outcomes and what businesses should do in response.
By Nick Akerman
10 minute read
October 03, 2007 | Law.com
Protecting Data With an Ancient RemedyLittle did William the Conqueror know that when he won the Battle of Hastings in 1066, his victory would have ramifications for protecting computer data. That victory established a common law civil remedy that has recently emerged as a potential key legal theory in the fight against computer crime.
By Nick Akerman
9 minute read
July 05, 2010 | National Law Journal
Dismissal of CFAA claims for lack of jurisdictionUnder the Computer Fraud and Abuse Act, the plaintiff must properly specify a $5,000 loss or case will be tossed.
By Nick Akerman
8 minute read
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