Computers are as common today as paper and pencils were in earlier times. Because they are used in virtually every line of work, computers are almost always involved in contemporary efforts to steal trade secrets. A host of state and federal anti-hacking laws prohibit the use of computers to gain access to, or to copy or use data without the owner’s permission. This reality has created a standard of care for lawyers representing plaintiffs alleging misappropriation of trade secrets that requires every trade secrets complaint to include a cause alleging violation of either the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.) (CFAA) or the relevant state’s statutory equivalent.

California’s analog to the CFAA—the Computer Data Access and Fraud Act (Cal. Pen. Code Section 502) (CDAFA)—was enacted to prevent hackers from gaining “unauthorized access to computers, computer systems, and computer data.” Pen. Code § 502, subs. (a). Lawyers who litigate trade secrets cases under the California Uniform Trade Secrets Act, Cal. Civ. Code § 3426, et seq. (CUTSA) must therefore be familiar with the CDAFA. This article summarizes the essential elements of and discusses several key issues that attorneys should consider when bringing or defending CDAFA claims in civil trades secrets cases.

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