In re Jordan, — S.W.3d —, 2012 WL 1098275 (Texas App., April 3, 2012) Former employee sued her old company for subjecting her to a sexually hostile workplace and for firing her after she reported it. She claimed that she had never looked at pornography before she saw some on the computers at work. During [...]
Archive for the ‘Employment’ Category
Employer did not violate employee’s privacy by accessing personal laptop
September 29th, 2011
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Sitton v. Print Direction, Inc., — S.E.2d —, 2011 WL 4469712 (Ga.App. September 28, 2011) A Georgia court held that an employee using a personal laptop to conduct business for a competitor did not have an invasion of privacy claim when his employer busted him at work using the laptop to send email. Plaintiff-employee worked [...]
Former employer’s trade secret claim under inevitable disclosure doctrine moves forward
September 12th, 2011
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Copying of employer computer files central to trade secrets claim Mobile Mark, Inc. v. Pakosz, 2011 WL 3898032 (N.D.Ill. September 6, 2011) Defendant used to work for plaintiff. Before he left that organization to work for a competitor, he allegedly accessed plaintiff’s computer system and copied proprietary information to a laptop that plaintiff had loaned [...]
CFAA violation where employee’s access to work computer violated fiduciary duty to employer
May 26th, 2011
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Plaintiff former employer sued defendant former employee for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030, alleging that defendant, while still in the employ of plaintiff, accessed confidential business information and destroyed other important data. Defendant moved to dismiss the CFAA claim. The court denied the motion. Defendant had argued that the [...]
Employee did not violate Computer Fraud and Abuse Act by checking Facebook and personal email at work
May 11th, 2011
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Lee v. PMSI, Inc., 2011 WL 1742028 (M.D.Fla., May 6, 2011) Former employee sued the company she used to work for alleging pregnancy discrimination. The company countersued under the Computer Fraud and Abuse Act (“CFAA”) alleging that the former employee violated the CFAA by using her work computer to access Facebook and check her personal [...]
Judge: the concept of internet privacy is a fallacy upon which no one should rely
May 4th, 2010
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People v. Klapper, — N.Y.S.2d —, 2010 WL 1704796 (N.Y.City Crim.Ct., April 28, 2010) Let’s hope that’s an overstatement. A recent case from a criminal court in New York dealt with whether an employer violated the state’s law prohibiting unauthorized use of a computer (Penal Law 156.05). Though the court probably came to the right [...]
