In non-compete and trade secret litigation, key evidence of employee misconduct often comes to light through a forensic examination of the employee’s devices and accounts. These forensic reviews can identify suspicious activity, such as an employee forwarding information and documents to a personal email address, accessing large amounts of company files around the time of … Continue Reading
Following the recent Fourth Circuit opinion in WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012), the issue of whether the Computer Fraud and Abuse Act (CFAA) applies to the actions of employees (as opposed to hackers) may end up at the Supreme Court. The Act provides both civil and criminal liability for a … Continue Reading
